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COMMONWEALTH PENNSYLVANIA v. JULIO ANDUJAR (03/16/79)

decided: March 16, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
JULIO ANDUJAR, JR.



No. 363 October Term, 1978, Appeal from Order of the Court of Common Pleas of Berks County, at No. 77075901.

COUNSEL

Charles M. Guthrie, Jr., Assistant District Attorney, Reading, for Commonwealth, appellant.

Frederick O. Brubaker, Reading, for appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Spaeth, J., files a concurring opinion. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.

Author: Van Der Voort

[ 264 Pa. Super. Page 327]

This appeal is by the Commonwealth from an Order of the lower court granting the defendant-appellee's pretrial application for the suppression of evidence seized pursuant to a warrant. Our review of the record, and applicable law, leads us to conclude that the lower court erred in granting the suppression motion in this case.

[ 264 Pa. Super. Page 328]

The sole issue presented is whether the description of the premises to be searched was sufficiently specific in light of all of the other facts of record. The search warrant was sought by police after they received information from an informant that he had purchased drugs from the appellee. The search warrant contained the following description of the premises to be searched.*fn1

"(1) 609 N. 9th St., Reading, Berks County, Pa. being a 2 1/2 story row home w/yellow brick front."

The lower court heard testimony concerning the suppression issues, and with counsel and the parties, viewed the actual premises which was the situs of the search. The following findings of fact by the lower court, we believe, correctly summarize the physical characteristics of the premises to be searched:

"(2) . . . From the exterior on 9th Street, the premises resembles an ordinary row dwelling. To the left of the front door are three different bell openings, and at the time of the view by the Court, only one had a bell plunger. But there is no doubt that the existence of a plate containing positions for three bell plungers was there. To the left of the door was a metal mailbox attached to the wall and a letter slot in the door. The premises, it is stipulated, possessed separate gas and electric meters, one for each of the two separate living quarters.

"(3) When one proceeds through an alleyway to the rear of the building, at the left, and as part of the rear room on the first floor, is a doorway which contained no name or any appliance for determination by a person being outside desiring to enter; in other words, no bell or knocker. The interior of the premises contains two separate living quarters to the extent that ...


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