COMMONWEALTH v. PHILLIPS


244 Pa.Super. 42 (1976)

366 A.2d 306

COMMONWEALTH of Pennsylvania, Appellant, v. Ernest PHILLIPS et al.

Superior Court of Pennsylvania.

Decided November 22, 1976.


Attorney(s) appearing for the Case

John J. Hickton, Dist. Atty., Robert L. Eberhardt, Chas. W. Johns, Asst. Dist. Attys., Pittsburgh, for appellant.

John H. Pope, John J. Klein, Pittsburgh, Bert M. Moldovan, McKeesport, John J. Dean, Anthony J. Lalama, Pittsburgh, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PRICE, Judge:

In December of 1974, appellees were indicted on charges of possession of a controlled substance,1 possession with intent to deliver2 and criminal conspiracy.3 After a hearing, the lower court granted appellees' applications to suppress certain evidence obtained during a warrantless search, declaring that (1) there were no exigent circumstances justifying the warrantless...

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