COM. v. JOHNSON


315 Pa.Super. 579 (1983)

462 A.2d 743

COMMONWEALTH of Pennsylvania, Appellant, v. Marilyn JOHNSON. COMMONWEALTH of Pennsylvania, Appellant, v. Lemuel HENRY.

Supreme Court of Pennsylvania.

Filed June 24, 1983.

Petition for Allowance of Appeal Denied November 4, 1983.


Attorney(s) appearing for the Case

Shad Connelly, Assistant District Attorney, Erie, submitted a brief on behalf of Commonwealth, appellant.

Denise L. Jones, Erie, for Johnson, appellee (at No. 613).

George M. Schroeck, Erie, for Henry, appellee (at No. 614).

Before CAVANAUGH, HOFFMAN and VAN der VOORT, JJ.


CAVANAUGH, Judge:

The Commonwealth appeals from an order granting appellees' motions to suppress physical evidence and appellee Johnson's motion to suppress inculpatory statements. The lower court suppressed the evidence because it found that the search warrant affidavit failed to set forth reasonable cause for a nighttime search. See Pa.R.Crim.P. 2003(c). We agree with the lower court that the affidavit was insufficient in that regard. We disagree, however...

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