(Download) "Commonwealth v. Boulware" by Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Boulware
- Author : Texas Court of Appeals
- Release Date : January 25, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 Appellant, the Commonwealth of Pennsylvania, appeals from the order entered by the Honorable Jeffrey K. Sprecher of the Berks County Court of Common Pleas, granting a defense motion to suppress an item of physical evidence. Specifically, the Commonwealth asks us to determine whether the suppression court acted properly in suppressing the admission at trial of an item of clothing seized by police, on the basis that Appellees arrest allegedly had been illegal. Having carefully examined the record, we hold that the suppression court committed an error by improperly and prematurely placing the burden on the Commonwealth to justify its seizing of the evidence without having first required that Appellee demonstrate his standing to pursue the motion to suppress and establish a legitimate expectation of privacy. Thus, we reverse and remand for further proceedings.