COMMONWEALTH v. MAZZELLA


231 Pa.Super. 247 (1974)

Commonwealth, Appellant, v. Mazzella.

Superior Court of Pennsylvania.

December 11, 1974.


Attorney(s) appearing for the Case

Stephen B. Harris, First Assistant District Attorney, with him Kenneth G. Biehn, District Attorney, for Commonwealth, appellant.

C. Sampsel, with him S. Richard Klinges, III, and Begley, Carlin, Mandio, Kelton & Popkin, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY JACOBS, J., December 11, 1974:

The law involving forcible entry by police into private premises for the purpose of conducting a search requires, in the absence of exigent circumstances, first, that an announcement by the officers of their identity and purpose must precede the entry, Commonwealth v. Newman, 429 Pa. 441, 240 A.2d 795 (1968); Commonwealth v. Cerulla...

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