COM. v. CLARK

No. 34 EAP 2010

28 A.3d 1284 (2011)

COMMONWEALTH of Pennsylvania, Appellant v. Steven CLARK, Appellee.

Supreme Court of Pennsylvania.

Decided October 18, 2011.


Attorney(s) appearing for the Case

Hugh J. Burns, Jr. , Philadelphia, Andrea Nicole Johnson , Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

David B. Mischak , McMonagle Perri , McHugh & Mischak, P.C., Philadelphia, Carson Morris, for Steven Clark.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice McCAFFERY.

In this discretionary appeal, we review the lower courts' application of the totality-of-the-circumstances test for the existence of probable cause necessary to issue a search warrant as set forth by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 233, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), and adopted by this Court in Commonwealth v. Gray,

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