Opinion
December 10, 1963.
February 28, 1964.
Criminal Law — Search and seizure — Reasonableness — Probable cause — Totality of facts — Professional burglars driving automobile in a specific area subject to burglaries.
In this case, in which it appeared that police officers endeavoring to solve a series of burglaries concentrated in a specific area encountered an automobile and recognized its three occupants as professional burglars; that the officers stopped the vehicle, conducted a search of the occupants as well as the car, and found the fruits of a burglary which had been committed that very evening; and that the court below, upon consideration of the totality of the facts, found that the search and seizure were reasonable and made upon probable cause; it was Held that the order of the court below dismissing defendant's motion for a new trial should be affirmed.
Before RHODES, P.J., ERVIN, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (WRIGHT, J., absent).
Appeal, No. 329, Oct. T., 1963, from judgment of Court of Oyer and Terminer and General Jail Delivery and Quarter Sessions of the Peace of Philadelphia County, Dec. T., 1959, No. 443, in case of Commonwealth of Pennsylvania v. Robert Poulson. Judgment affirmed.
Same case in court below: 32 Pa. D. C. 2d 589.
Indictment charging defendant with burglary, larceny and receiving stolen goods. Before SPORKIN, J.
Verdict of guilty as to charges of burglary and larceny and judgment of sentence entered thereon. Defendant appealed.
Donald J. Goldberg, with him Michael J. Rotko, for appellant. Charles Jay Bogdanoff, Assistant District Attorney, with him Louis F. McCabe and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.
WRIGHT, J., took no part in the consideration or decision of this case.
Argued December 10, 1963.
The judgment of sentence of the court below is affirmed on the opinion of Judge SPORKIN.
It is ordered that said defendant appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with his sentence or any part thereof which had not been performed at the time the appeal was made a supersedeas.
WRIGHT, J., took no part in the consideration or decision of this case.