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COMMONWEALTH v. ROSE (11/16/67)

decided: November 16, 1967.

COMMONWEALTH, APPELLANT,
v.
ROSE



Appeal from order of Court of Quarter Sessions of Bucks County, No. 1111 of 1965 Term, in case of Commonwealth of Pennsylvania v. Frank Carney Rose.

COUNSEL

John J. Collins, Assistant District Attorney, with him Ward F. Clark, District Attorney, for Commonwealth, appellant.

Alan D. Williams, Jr., with him Williams and Glantz, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Jacobs, J.

Author: Jacobs

[ 211 Pa. Super. Page 296]

The sole question in this case is whether an affidavit on which a search warrant was issued set forth probable cause. The court below held that it did not. We reverse.

Frank Carney Rose, the appellee, was indicted by the grand jury of Bucks County on a charge of possessing narcotics, a felony under Section 20 of The Drug, Device and Cosmetic Act of September 26, 1961, P. L. 1664, as amended, 35 P.S. ยง 780-20. Appellee filed a petition to suppress evidence seized by the police from his automobile pursuant to the search warrant. After a hearing the court below entered an order suppressing the evidence. The Commonwealth has appealed. Since appellee has not filed a motion to quash, we will assume that the suppression order will substantially handicap the Commonwealth and hear the appeal. See Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963).

No facts were presented to the justice of the peace who issued the warrant except those set forth in the following affidavit:*fn1

[ 211 Pa. Super. Page 297]

"Commonwealth of Pennsylvania

County of Bucks:

"Vincent Faragalli, being duly sworn according to law deposes and says that he is the Chief of Police of Bristol Borough, Bucks County, Penna. and that he has received valuable information from Barbara A. Farrauto of 352 South Olden Ave., Trenton, New Jersey, who was a passenger in a 1962 Ford, Gray & Black Thunderbird with New Jersey Registration number JSD 833 on November 12, 1965, a Friday morning, at 2:35 A.M.

"She identified the operator of the automobile as Frank Rose of Hobson Ave., R.D. #5, Trenton, New Jersey, known to her as "Sonny" Rose as being the one that supplied the narcotics for her use, and that he ...


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