No. 655 January Term, 1977, No. 169 January Term, 1978, Appeal from Order of the Court of Common Pleas, Criminal, of Philadelphia, granting defendant's Motion to Suppress on Informations Nos. 2124-2135 June Term, 1977
Steven H. Goldblatt, Deputy Dist. Atty.-Law, Maxine J. Stotland, Asst. Dist. Atty., Philadelphia, for appellant.
Stephen R. Bolden, Philadelphia, for appellee.
O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Eagen, C. J., took no part in the consideration or decision of this case. Pomeroy, former J., took no part in the decision of this case. Larsen, J., files a dissenting opinion in which Nix, J., joins.
This appeal by the Commonwealth of Pennsylvania is from an order of the Court of Common Pleas of Philadelphia, which suppressed certain physical evidence*fn1 during the trial of appellee, Dennis Barnett. The suppression court
held that appellee's arrest was not based upon probable cause and, therefore, certain physical evidence had to be suppressed. We agree with the holding of the suppression court and will affirm its order.
The facts, as found by the Suppression Court, are as follows:
"1. The defendant was arrested on June 10, 1977 in the City of Philadelphia, Pennsylvania.
"2. The arrest was without a warrant although a warrant had been issued by the authorities on June 7, 1977, but the arresting officers had no knowledge of the warrant nor any information concerning the defendant.
"3. On June 10, 1977 at or about 11:15 A.M. Officers Devereaux and Wallace were in plain clothes on ...