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COMMONWEALTH PENNSYLVANIA v. KENNETH BABLE (04/16/81)

filed: April 16, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
KENNETH BABLE, APPELLANT



No. 528 April Term, 1979, Appeal from Judgment of Sentence of the Court of Common Pleas, Allegheny County, Criminal Division. No. CC7802853A

COUNSEL

David Metinko, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Price, DiSalle and Montemuro, JJ.

Author: Montemuro

[ 286 Pa. Super. Page 204]

This is a direct appeal from judgment of sentence imposed by a judge, sitting without a jury, for Receiving Stolen Property,*fn1 Fraudulent Use or Removal of a Registration

[ 286 Pa. Super. Page 205]

Plate from a Vehicle,*fn2 Unauthorized Use of Registration Plates,*fn3 Operating a Vehicle With an Expired License Plate,*fn4 and Operating a Vehicle Without a Driver's License.*fn5 Post-Trial motions were denied and appellant, Kenneth Bable, was sentenced to a term of not less than one and a half (1 1/2) or more than three (3) years imprisonment.

Appellant contends that the trial court erred (1) by failing to suppress certain evidence based on an absence of probable cause to support the issuance of a warrant to search appellant's car, and (2) by failing also to find that probable cause did not exist to arrest appellant after he had been stopped for a traffic violation. We find no merit in appellant's contentions and affirm the sentence of the trial court.

The essential facts involved in this case are as follows:

On April 16, 1978, appellant was stopped for driving a vehicle with an expired license plate. Appellant was unable to produce a driver's license, registration card, or no-fault insurance card. The officer who had stopped appellant, recognized him as being a convicted burglar, noticed that he seemed quite nervous, and saw three radios, two knives and two screwdrivers lying on the floor of the car. A routine check of the license plate indicated ownership by a person other than appellant. This fact led to a check of the serial number of the vehicle, which produced a name other than either that of appellant or that of the owner of the license plate. A check was then run on appellant himself, who had said that his "cards" were at home. Information was received indicating that appellant was not licensed to drive and that he was wanted in Pittsburgh for a parole violation. Appellant was arrested and the car impounded. The arresting officer went before a magistrate, recited the above facts, and obtained a warrant to search appellant's car, which in

[ 286 Pa. Super. Page 206]

    turn led to the discovery of stolen property in the ...


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