Commonwealth v. Iacavazzi

HOFFMAN, Judge:

The Commonwealth contends that the lower court erred in suppressing evidence. Because we agree with the lower court that the Commonwealth failed to meet its burden of going forward with evidence to meet appellees’ objections to the search warrant and its execution, we affirm.

After, indicting appellees for violations of the Clean Streams Act, 1 the Commonwealth obtained a warrant to search appellees’ property on the basis of affidavits and grand jury transcripts. In executing the search, the Commonwealth unearthed several barrels of industrial wastes. Appellees filed an omnibus…