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COMMONWEALTH v. USCIAK (09/15/72)

SUPERIOR COURT OF PENNSYLVANIA


decided: September 15, 1972.

COMMONWEALTH
v.
USCIAK, APPELLANT

Appeal from judgment of Court of Common Pleas of Lancaster County, No. 471-1970, in case of Commonwealth of Pennsylvania v. Matthew F. Usciak.

COUNSEL

Bernard L. Segal, with him William W. Stainton, Segal, Appel & Natali, and Arnold, Bricker, Beyer & Barnes, for appellant.

Ronald L. Buckwalter, Assistant District Attorney, with him George T. Brubaker, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ.

Author: Per Curiam

[ 222 Pa. Super. Page 236]

Contrary to appellant's position, this case does not present the interesting and difficult question of whether this Court should approve the whimsical ruse of a policeman who dressed himself as a fireman in order to have a door of a home opened without being subjected to any delay in carrying out a search warrant.*fn1 The record does not show that the reason the defendant opened the door was because he thought a fireman was seeking admittance.

The defendant testified that he did not open the door but that it was jerked open by the officer. The two officers involved testified that the door had been opened by the defendant. The court below was not bound to accept the defendant's version, and there was no evidence that the ruse caused the defendant to open the door.

Judgment affirmed.

Disposition

Judgment affirmed.*fn*

Disposition FOOTNOTES

* : On December 11, 1972, a petition for allowance of appeal to the Supreme Court of Pennsylvania was denied. On April 2, 1973, a petition for a writ of certiorari to the Supreme Court of Pennsylvania was denied by the Supreme Court of the United States.


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