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COMMONWEALTH PENNSYLVANIA v. DUAYNE YUCKNEVAGE AND ROCKE S. S. TUCKER (07/12/78)

decided: July 12, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
DUAYNE YUCKNEVAGE AND ROCKE S. S. TUCKER, APPELLANTS



No. 2134 October Term 1976, Appeal from a Judgment of Sentence of the Court of Common Pleas of Bucks County, Criminal, dated July 8, 1976 at No. 1543/1973 Sessions .

COUNSEL

George E. Goldstein and William J. Honig, Philadelphia, for appellants.

Roger Markley, Assistant District Attorney, Doylestown, and Stephen B. Harris, First Assistant District Attorney, Warrington, for Com., appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case.

Author: Spaeth

[ 257 Pa. Super. Page 22]

On August 1, 1973, a Pennsylvania State Trooper in Bucks County got a warrant to search a house in New Hope.

[ 257 Pa. Super. Page 23]

Troopers executed the warrant at about 9:00 p. m. that night and found drugs that incriminated appellant Rocke Tucker. Next, the troopers got a warrant to search appellant Duayne Yucknevage's car, which was parked nearby, and found more drugs. Both appellants moved to have the drugs suppressed as evidence. Their motions were denied, and they were convicted of conspiracy and possession of controlled substances with intent to deliver in violation of the Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, No. 64, § 13, as amended, 35 P.S. § 780-113(a)(30).

-1-

Appellants contend that the warrant to search the house was invalid because the trooper's application for the warrant contained deliberate misstatements of material facts, Commonwealth v. D'Angelo, 437 Pa. 331, 236 A.2d 441 (1970), that is, of facts necessary to support a finding of probable cause, Commonwealth v. Tucker, 252 Pa. Super. 594, 384 A.2d 938 (1978); Commonwealth v. Jones, 229 Pa. Super. 224, 323 A.2d 879 (1974).

The application stated as follows: The trooper who swore to the application was relying on information given him by Robert J. Vannozzi, a member of the New Jersey State Police engaged in undercover investigation. Vannozzi had arranged to meet one John Doe -- later identified as appellant Tucker -- at 4:30 p. m. on August 1, 1973, to discuss buying a large quantity of hashish. When he went to the meeting Vannozzi saw Tucker "coming from a certain residence in New Hope to the meeting as previously arranged;"*fn1 after the meeting he saw Tucker go back inside. A third person, one Gruskin, who had arranged the meeting, told Vannozzi that Tucker lived in the house. At the meeting Tucker said that he was 5 pounds short of the 13 pounds of hashish Vannozzi wanted, but that he would be getting more hashish from the city that night. It was

[ 257 Pa. Super. Page 24]

    therefore agreed that they would meet again at 8:00 p. m. that night, when Vannozzi would buy the hashish. Vannozzi displayed $15,000 in cash, and Tucker gave Vannozzi a small ...


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