COM. v. McCARTHY


257 Pa.Super. 42 (1978)

390 A.2d 236

COMMONWEALTH of Pennsylvania, Appellant, v. Carmela McCARTHY.

Superior Court of Pennsylvania.

Decided July 12, 1978.


Attorney(s) appearing for the Case

Robert L. Eberhardt, Assistant District Attorney, and Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellant.

Lester G. Nauhaus, Assistant Public Defender and William F. Manifesto, Pittsburgh, for appellee.

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


JACOBS, President Judge:

This appeal arises from the order of the court below suppressing all evidence seized in the search of appellee's residence. The sole issue for our determination is whether the use of a ruse by the police to entice an individual to open a door so that a search warrant may be served violates the Fourth and Fourteenth Amendments, if, once the door is opened, the police state their identity and purpose and enter without force to execute the warrant...

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