Legal Opinion

Commonwealth v. Johnson

Supreme Court of Pennsylvania

Decided June 24, 1983No. 613 and 614PublishedCited by 20 opinions

1Opinion of the Court

CAVANAUGH, Judge:

The Commonwealth appeals from an order granting ap-pellees’ motions to suppress physical evidence and appellee Johnson’s motion to suppress inculpatory statements. The lower court suppressed the evidence because it found that the search warrant affidavit failed to set forth reasonable cause for a nighttime search. See Pa.R.Crim.P. 2003(c). We agree with the lower court that the affidavit was insufficient in that regard. We disagree, however, with its conclusion that the evidence must be suppressed simply because we have found the nighttime search unjustified. Rather, we hold…

Also in this document: Concurrence.

2Cases cited26 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Manson v. BrathwaiteSupreme Court of the United States · 1977
  4. Dunaway v. New YorkSupreme Court of the United States · 1979
  5. United States v. CalandraSupreme Court of the United States · 1974

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3Cited by20 opinions

  1. Commonwealth v. EdmundsSupreme Court of Pennsylvania · 1991
  2. Commonwealth v. MasonSupreme Court of Pennsylvania · 1985
  3. People v. DylaAppellate Division of the Supreme Court of the State of New York · 1988
  4. Com. v. Bowens, T.Superior Court of Pennsylvania · 2021
  5. Commonwealth v. YoungSupreme Court of Pennsylvania · 1990

15 more not listed; retrieve them via the Exa API.

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