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COMMONWEALTH v. WRIGHT (06/13/68)

decided: June 13, 1968.

COMMONWEALTH
v.
WRIGHT, APPELLANT



Appeal from judgment of sentence of Court of Quarter Sessions of Allegheny County, Jan. T., 1967, No. 694, in case of Commonwealth of Pennsylvania v. John Wright.

COUNSEL

Byrd R. Brown, for appellant.

Charles B. Watkins, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J. Jacobs and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 212 Pa. Super. Page 260]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was indicted on the charge of operating a lottery. Prior to trial, appellant filed a timely motion to suppress evidence on the ground that the search warrant used to obtain the evidence was constitutionally infirm. After a hearing, the motion was denied.

Appellant was found guilty by a jury and moved for a new trial on the ground that the evidence used against him should have been suppressed for the reason stated above. The motion was denied and appellant was ordered to pay a fine of $500.00 and sentenced to six months in the Allegheny County Workhouse. This appeal followed.

The sole issue raised in this appeal is whether the evidence used against appellant should have been suppressed on the ground that the search warrant was not issued upon probable cause and that it was issued for an entire apartment building rather than a specific portion thereof.

The Fourth Amendment generally requires that a warrant be obtained from a magistrate prior to search of private premises. United States v. Ventresca, 380 U.S. 102 (1965). The warrant may only be issued after the magistrate has made an independent and detached appraisal of the affidavit of a police officer or prosecution official ...


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