COM. v. FOUNTAIN


423 Pa.Super. 296 (1992)

621 A.2d 124

COMMONWEALTH of Pennsylvania, Appellant, v. Patrick FOUNTAIN.

Superior Court of Pennsylvania.

Filed December 23, 1992.

Reargument Denied March 5, 1993.


Attorney(s) appearing for the Case

Dennis C. McAndrews, Asst. Dist. Atty., Media, for Com., appellant.

William Ruane, Radnor, for appellee.

Before CIRILLO, POPOVICH and HOFFMAN, JJ.


HOFFMAN, Judge:

This is a Commonwealth appeal from the February 3, 1992 order suppressing evidence seized during a search of an automobile. The Commonwealth argues that the trial court erred in granting the suppression order where:

1) the vehicle drove away from the officer at a high rate of speed from a high crime area and ignored a traffic control device at a railroad grade crossing in violation of the Motor Vehicle Code, 2) the officer observed furtive...

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