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COMMONWEALTH v. BANCROFT (04/04/73)

decided: April 4, 1973.

COMMONWEALTH
v.
BANCROFT, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Montgomery County, Nov. T., 1970, No. 35, in case of Commonwealth of Pennsylvania v. Robert B. Bancroft.

COUNSEL

Gary Kleitman, with him Fox and Fox, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, with him William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Wright, P. J., Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. (Watkins, J., absent.) Dissenting Opinion by Hoffman, J. Jacobs and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 224 Pa. Super. Page 167]

The six judges who heard this appeal being equally divided, the judgment of sentence is affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant contends that the lower court erred in refusing to suppress evidence seized at his home because the warrant authorizing the search was not based on facts constituting probable cause.

The affidavit*fn1 presented to the magistrate recited that affiant received information from a police officer of another borough that appellant and another "are engaged in the traffic of narcotic drugs" at appellant's home. The affidavit stated that the officer had supplied reliable information in the past. The affidavit also detailed observations made during four days of surveillance which showed that about 50 persons, several of whom were known to be involved in drugs, visited the house.

When based upon information received from sources other than the affiant's ...


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