MARCUS v. DIULUS


242 Pa.Super. 151 (1976)

363 A.2d 1205

Joseph MARCUS et al. v. Guy DIULUS et al., Appellants.

Superior Court of Pennsylvania.

Decided September 27, 1976.


Attorney(s) appearing for the Case

D.R. Pellegrini, Pittsburgh, for appellants.

Ronald C. Weingard, Robert B. Marcus, Wendell G. Freeland, Pittsburgh, for appellees.

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


JACOBS, Judge:

This appeal presents a unique question: Can a court of equity enjoin officers of the Commonwealth from using evidence seized pursuant to a search warrant in criminal proceedings within the Commonwealth of Pennsylvania or from sending such evidence to authorities in other states? For the reasons hereafter stated, we find that the lower court had no jurisdiction to decide this question and reverse the decree entered below.

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