Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. BROWN (04/04/73)

decided: April 4, 1973.

COMMONWEALTH
v.
BROWN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lebanon County, No. 772 of 1971, in case of Commonwealth of Pennsylvania v. Raymond Brown.

COUNSEL

Frederick S. Wolf, and Beaver & Wolf, for appellant.

David J. Brightbill, Assistant District Attorney, and George E. Christianson, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 224 Pa. Super. Page 170]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant contends that evidence introduced against him in a prosecution for football pool-selling was seized following an unreasonable execution of a search and seizure warrant, and should, therefore, have been suppressed.*fn1 The contention is sound and requires a reversal of the lower court's refusal to suppress the evidence.

On the basis of information received from a reliable informant and police observations of appellant engaging in suspected pool-selling activities, warrants were issued for searches of appellant's person and automobile. No warrant was issued for appellant's apartment.

After following appellant for some time, the police went to his apartment in order to conduct the searches authorized by the warrants. The police knocked on the door and were met by appellant's girl friend who opened the door about eight inches and stood behind it, as she was clad in bikini pajamas. The police announced their authority ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.