COM. v. KALINOWSKI


303 Pa.Super. 354 (1982)

449 A.2d 725

COMMONWEALTH of Pennsylvania, Appellant, v. Henry W. KALINOWSKI, individually, and Henry W. Kalinowski, Sheriff of Wayne County and Warden of the Wayne County Jail.

Supreme Court of Pennsylvania.

Filed August 20, 1982.


Attorney(s) appearing for the Case

Marc R. Wolfe, Special Prosecutor, Stroudsburg, for Commonwealth, appellant.

Randolph Borden, Hawley, for appellee.

Before WICKERSHAM, McEWEN and POPOVICH, JJ.


POPOVICH, Judge:

This is an appeal by the Commonwealth from an order suppressing certain evidence seized from the appellee, Henry W. Kalinowski, pursuant to a search warrant that was held to have been invalid. Such evidence was directed to be excluded from use at appellee's trial.1 We affirm.

The warrant in question reads as follows:

"On 5/16/79 Gerri McElroy, a Deputy Sheriff employed by Wayne County, did inform the affiant...

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