Commonwealth v. Cephas

Dissenting Opinion by

Hoeeman, J.:

Appellant brought a “petition for return of his property” in the Court of Common Pleas of Philadelphia County. The property which was the subject of the petition was seized by the police from appellant’s apartment, pursuant to a search warrant. On January 19, 1969, Judge Levin held that the warrant was constitutionally invalid and suppressed the use of the property seized as evidence. On January 21, 1969, the instant petition was heard before Judge Meade. Unfortunately, Judge Meade was not informed of Judge Levin’s suppression order and was under the…