Commonwealth v. Archer

Dissenting Opinion by

Hoffman, J.:

I would affirm the order of the lower court which suppressed evidence seized pursuant to a search warrant, because the Commonwealth failed to provide the magistrate with sufficient information to enable him to independently conclude that there was probable cause to search appellant’s residence.

As a reviewing court, we can sustain the issuance of a warrant only if the affidavits submitted establish probable cause; we cannot consider any other evidence or information: “No search warrant shall issue but upon probable cause supported by one or more affidavits…