Commonwealth v. Dussell

Opinion by

Mb. Justice Eagen,

Jack E. Dussell was convicted of burglary and other related offenses after a nonjury trial in Philadelphia. Post-trial motions were denied, and a prison sentence was imposed. On appeal the Superior Court affirmed the judgment. We granted allocatur and now reverse, because we conclude that evidence was admitted at trial which was obtained through an unlawful search and seizure.

The relevant facts may be briefly summarized as follows: On December 18, 1967, at approximately 9:15 p.m. two police officers on routine patrol in the city of Philadelphia observed a 1954…