Legal Opinion

Commonwealth v. Harrison

Pennsylvania Court of Common Pleas, Adams County

Decided December 5, 2006No. CR-1029-2005Published

1Opinion of the Court

KUHN, P.J.,

Before the court is a pretrial motion filed by defendant onFebruary 13,2006 wherein he seeks suppression of all evidence seized from his residence on September 8,2005.1 For reasons set forth below, the motion is granted.

BACKGROUND

On September 8, 2005, Trooper Gregg Dietz of the Pennsylvania State Police applied for and obtained a search warrant from Magisterial District Judge John Zepp *275for defendant’s residence located at 6300 Oxford Road, Huntington Township, Adams County, Pennsylvania. Attached to the application was Trooper Dietz’ affidavit of probable cause, which provides:

“Your…

2Cases cited17 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Spinelli v. United StatesSupreme Court of the United States · 1969
  4. Commonwealth v. GraySupreme Court of Pennsylvania · 1986
  5. Commonwealth v. TorresSupreme Court of Pennsylvania · 2001

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