Commonwealth v. Davis

TAMILIA, Judge:

This appeal is taken by the Commonwealth from the Order of April 17, 1991, suppressing evidence seized as a result of the arrest of appellee, Harold Davis. 1

The facts underlying this case are not in dispute and are as follows. On the evening of May 26, 1989, Philadelphia Police Sergeant Edward Reilly was on duty with two other officers, assigned to provide security to a neighborhood organization cleaning up a public park at 8400 Brandywine Street. As he patrolled the park, Sergeant Reilly observed appellee with two other men in the rear of the park. Appellee had finished taking…