COMMONWEALTH v. DiSANTIS


222 Pa.Super. 387 (1972)

Commonwealth v. DiSantis, Appellant.

Superior Court of Pennsylvania.

September 15, 1972.


Attorney(s) appearing for the Case

Bernard L. Segal, with him William A. Atlee, Jr., Segal, Appel & Natali, and Geisenberger, Zimmerman, Pfannebecker & Gibbel, for appellant.

Henry J. Rutherford, District Attorney, with him D. Richard Eckman, First Assistant District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY PACKEL, J., September 15, 1972:

An undercover agent took from appellant's premises a marijuana cigarette butt, and a handful of marijuana. The appellant contends that the taking of both items was in violation of the Fourth Amendment and that, therefore, their analysis could not be a basis for an affidavit of probable cause for the issuance of a search warrant. The record shows, however, that even if...

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