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COM. v. LONG

489 Pa. 369 (1980)

414 A.2d 113

COMMONWEALTH of Pennsylvania v. Michael LONG, Appellant.

Supreme Court of Pennsylvania.

Decided May 2, 1980.

Attorney(s) appearing for the Case

John H. Corbett, Jr., Paulette Balogh, Asst. Public Defenders, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, M. Susan Ruffner, Asst. Dist. Attys., Pittsburgh, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

The validity of a warrantless police search of an automobile trunk is challenged on this appeal. We conclude that the police lacked probable cause for the search and that the evidence found in the locked trunk should therefore have been suppressed. Accordingly, we reverse and order a new trial.1

At 1:30 a.m. on May 5, 1975, officers patrolling in a marked police car observed an automobile...

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