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COMMONWEALTH v. KLINE (03/31/75)

decided: March 31, 1975.

COMMONWEALTH, APPELLANT,
v.
KLINE



Appeal from order of Court of Common Pleas of Berks County, No. 786 of 1973, in case of Commonwealth of Pennsylvania v. Thomas Edward Kline.

COUNSEL

Grant E. Wesner, Deputy District Attorney, and Robert L. VanHoove, District Attorney, for Commonwealth, appellant.

George E. Goldstein, and Goldstein and Rosenblum, for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Spaeth, J. Jacobs, Price, and Van der Voort, JJ., dissent.

Author: Spaeth

[ 234 Pa. Super. Page 14]

This is an appeal by the Commonwealth from an order suppressing evidence obtained pursuant to a search warrant.*fn1

The affidavit for the warrant read (in pertinent part) as follows:

"1. That on 6-12-73 at about 7:30 P.M. two young girls, Rose Padilla age 16 and Judy Ohlinger age 14 were treated at St. Josephs Hosp. for abuse of LSD.

On 6-13-73 at 1:30 p.m. both above females came to the Vice Office with their parent and gave the following information. Each female was questioned separate from the other and then together and both times they both gave the same account of what took place. They stated that they knew this person named Morgan Arthur who lives above the Junction Inn at 9th & Robinson St., and they knew that he was selling drugs. They asked him for some LSD and he went to his Apt. at 9th & Robinson and returned a few minutes later with two "Hits" of "Blotter Acid" (LSD on small pieces of Paper). Morgan Arthur gave this LSD to the two females and told them to chew it first and then swallow it. Both girls stated that they began to feel the effects about 30 Minutes. Both girls identified a photo of Morgan Arthur. The Girls stated that

[ 234 Pa. Super. Page 15]

Arthur lives in the 3rd floor Apt with Michael Heinecke.

Feb. 1, 1973 -- Michael Heinecke was arrested by Officer Hain at Reading High for Assault and Disorderly conduct. After being arrested Heinecke was observed by Officer Hain, swallowing a quantity of capsules. Heinecke required treatment and was admitted at St. Josephs Hosp. for a overdose of Barbiturates. Heinecke has admitted to Det Yerger that he is "Hooked" on Barbiturates.

2. 6-13-73 -- Det Yerger contacted an informant and asked about Morgan Arthur and Michael Heinecke this informant stated that he had been with Arthur and Heinecke during the past two weeks and the informant stated that they were selling Hashish, Marihuana, LSD and Heroin. The informant stated that they did not have all these drugs at one time but at different times during the past two weeks. The informant stated that he has ...


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