Commonwealth v. Davis

Opinion by

Hoffman, J.,

This is an appeal from a judgment of sentence imposed on appellant following convictions for conspiracy to sell and possession of a narcotic drug. Appellant’s sole contention is that the warrant which authorized a search of his house was not supported by probable cause as required by the Fourth Amendment to the United States Constitution. We believe that the facts presented to the issuing magistrate did not amount to probable cause, that the seizure of the evidence was *244therefore illegal, and that its use at appellant’s trial was error.

The search was conducted on February…