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COM. v. RISPO

338 Pa.Super. 225 (1985)

487 A.2d 937

COMMONWEALTH of Pennsylvania v. Thomas Allen RISPO, Appellant.

Supreme Court of Pennsylvania.

Filed January 25, 1985.

Attorney(s) appearing for the Case

Richard P. Abraham, Philadelphia, for appellant.

Seth Weber, Assistant District Attorney, Doylestown, for Commonwealth, appellee.

Before DEL SOLE, MONTEMURO and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court should have suppressed the evidence seized when law officers, without a warrant, entered his home to retrieve certain property and arrested him. We agree and, accordingly, vacate the judgment of sentence, and remand for a new trial.

On September 5, 1980, appellant was arrested in his home located at 1130 Tennis Avenue in Bensalem Township. He was...

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