Commonwealth v. Poteete

HOFFMAN, Judge:

Appellant contends that: (1) the evidence is insufficient to prove receiving stolen property, and (2) the warrantless search of his home was unlawful because the police used deception to gain entrance. We agree that the search of appellant’s home was unlawful and, accordingly, reverse judgment of sentence and remand for a new trial.1

Twice in April, 1976, a home owned by Alsena Kirschner was burgled. Kirschner suffered loss of many pieces of living room and dining room furniture, appliances, lamps, clothing, bedding, glassware and dishes. On January 1, 1977, Trooper Joseph…