Commonwealth v. Slaton

OPINION

NIX, Chief Judge.

In the instant appeal, the Commonwealth presents a question of first impression in this Court relating to a prosecution under the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101, et seq., (“Controlled Substances Act” or “Act”). The issue presented is whether the failure of narcotics agents to disclose, at the time of a second search, the change in the focus of their investigation, rendered the consent to that search invalid.

As the parties concede, in reviewing a suppression court’s ruling, an appellate court is bound by factual findings supported…