COM. v. MARZEL


291 Pa.Super. 553 (1981)

436 A.2d 639

COMMONWEALTH of Pennsylvania, Appellant, v. Ann MARZEL, COMMONWEALTH of Pennsylvania, Appellant, v. Alonzo McCLELLAN.

Superior Court of Pennsylvania.

Filed October 23, 1981.

Petition for Allowance of Appeal Denied February 23, 1982.


Attorney(s) appearing for the Case

Stella L. Smetanka, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

David P. Siegel, Pittsburgh, for appellees.

Before SPAETH, SHERTZ and MONTGOMERY, JJ.


SHERTZ, Judge:

These are consolidated appeals by the Commonwealth from Orders suppressing evidence obtained in a search conducted pursuant to a search warrant. The lower court held that the underlying affidavit was based on information too stale to establish probable cause. On appeal, the Commonwealth argues that the affidavit indicates ongoing criminal activity continuing to the date of the issuance of the search warrant. We agree and therefore reverse.

The...

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