Legal Opinion
Marcus v. Diulus
Superior Court of Pennsylvania
Decided September 27, 1976No. 777PublishedCited by 26 opinions
1Opinion of the Court
JACOBS, Judge:
This appeal presents a unique question: Can a court of equity enjoin officers of the Commonwealth from using evidence seized pursuant to a search warrant in criminal proceedings within the Commonwealth of Pennsylvania or from sending such evidence to authorities in other states? For the reasons hereafter stated, we find that the lower court had no jurisdiction to decide this question and reverse the decree entered below.
Prior to discussing the law involved, a short summation of the facts in this case is necessary. On February 24, 1976, a search warrant was executed for the…
2Cases cited27 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- Perez v. LedesmaSupreme Court of the United States · 1971
- Douglas v. City of JeannetteSupreme Court of the United States · 1943
- Reisman v. CaplinSupreme Court of the United States · 1964
22 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Clay v. Advanced Computer Applications, Inc.Supreme Court of Pennsylvania · 1988
- Barndt v. BarndtSupreme Court of Pennsylvania · 1990
- Application of a Grand Jury of the St. of NyMassachusetts Appeals Court · 1979
- Commonwealth v. LewisSuperior Court of Pennsylvania · 1981
- Maginley v. Robert J. Elliott, Inc.Supreme Court of Pennsylvania · 1985
21 more not listed; retrieve them via the Exa API.