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COM. v. FLAHERTY

400 Pa.Super. 397 (1990)

583 A.2d 1175

COMMONWEALTH of Pennsylvania, Appellant, v. Timothy FLAHERTY, Appellee.

Supreme Court of Pennsylvania.

Filed December 14, 1990.

Petition for Allowance of Appeal Denied May 13, 1991.

Attorney(s) appearing for the Case

Kemal A. Mericli, Asst. Dist. Atty., Pittsburgh, for Com., appellant.

Bruce A. Carsia, Pittsburgh, for appellee.

Before POPOVICH, JOHNSON and HESTER, JJ.

POPOVICH, Judge.

This is an appeal from the order of the Court of Common Pleas, Allegheny County, suppressing evidence of drugs seized from appellee's automobile. We affirm.

On appeal,1 the Commonwealth asserts that the suppression court erred in finding that the magistrate had failed to act pursuant to probable cause when issuing the search warrant for appellee's automobile. As we have resolved to affirm the decision below on...

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