Commonwealth v. Krukoff

Opinion by

Jacobs, J.,

The issue in this case is whether, at a suppression hearing, the affiant for a search warrant is competent to testify as to what facts in addition to those contained in his affidavit he recited orally to the magistrate under oath. The lower court held that he was not, and we reverse.

On the basis of a search warrant, the police searched appellee’s apartment and found a quantity of untaxed cigarettes. Appellee was charged with possession of untaxed cigarettes and filed an application to suppress the evidence. The affidavit which was presented to the magistrate who issued…