COMMONWEALTH OF PENNSYLVANIA v. JOHN SMITH

COMMONWEALTH OF PENNSYLVANIA v. JOHN SMITH No. 723 EDA 2008 2009 PA Super 155 2009 PA Super 155 Atlantic: 979 A.2d 913 Filed: 8/10/2009
	Appeal from the Order entered February 5, 2008 In the Court of Common Pleas of Philadelphia County Criminal No. CP-51-CR-0000953-2007
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KELLY, J.
The Commonwealth appeals from an order granting a motion to suppress drugs found during a search incident to arrest after undercover narcotics police observed Appellee, John Smith, in a suspicious street transaction. The suppression court concluded that the police lacked probable cause to arrest even though a trained, experienced narcotics officer saw Appellee hand over an object from his sock in exchange for money, and leave the area when a third party alerted him to the presence of strangers. We reverse.

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