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COM. v. WALLACE

293 Pa.Super. 73 (1981)

437 A.2d 996

COMMONWEALTH of Pennsylvania, Appellant, v. Larry WALLACE.

Superior Court of Pennsylvania.

Filed November 30, 1981.

Attorney(s) appearing for the Case

Dara A. DeCourcy, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

Vincent C. Murovich, Pittsburgh, for appellee.

Before SPAETH, SHERTZ, and MONTGOMERY, JJ.

SHERTZ, Judge:

This is an appeal by the Commonwealth1 from an order granting Appellee's, Larry Wallace, motion to suppress evidence. The Commonwealth advances two arguments: (1) that because the "Knock and Announce" Rule is inapplicable to unoccupied dwellings, the lower court erred in invoking the rule in the instant case, and (2) that even assuming the applicability of the "Knock and Announce" Rule, the police

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