# Commonwealth v. Collini

> Superior Court of Pennsylvania · February 23, 1979 · 264 Pa. Super. 36

URL: https://www.frixlaw.com/law-library/cases/9644534

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Joseph COLLINI, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** February 23, 1979
- **Citations:** 264 Pa. Super. 36; 398 A.2d 1044; 1979 Pa. Super. LEXIS 1893
- **Precedential status:** Published
- **Opinion:** Concurrence by Spaeth
- **Judges:** Cercone, Spaeth, Lipez, Speath
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9644534

## Opinion text

*49 SPAETH, Judge,
concurring.
I agree with most of what is said in Judge LIPEZ’s opinion, and therefore join in the order granting a new trial. I wish, however, to note one reservation.
The opinion “assume[s] arguendo that there was no arrest for possession of a controlled substance.” Majority opinion at 1046. I am uneasy with this assumption, for I find it unnecessary. The facts show that there was such an arrest. I agree with Judge LIPEZ that the arrest was unlawful because it was not based on probable cause. Therefore, the search incident to the arrest was also unlawful, and the fruits of that search must be suppressed.
As I see it, the difference between Gustafson and Robinson, on the one hand, and this case, on the other, is that in Gustafson and Robinson the arrest was lawful.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9644534. Public record. Not legal advice.