Legal Opinion · Dissent

Commonwealth v. Griffin

Superior Court of Pennsylvania

Decided December 12, 1962No. Appeal, No. 321Published

1Dissent

Dissenting Opinion by

Montgomery, J.:

This case involves a seizure of narcotics and implements for their use made under a search warrant issued on an affidavit reciting that:

*42'The Affiant being duly sworn before me according to law deposes and says that there is probable cause and reasonable grounds to believe and does believe that certain good/s feloniously acquired and/or certain article/s necessary to the course of Public Justice is or was concealed in such a way to make this Procedure essential.”

The goods were described as “Gambling paraphernalia pertaining to and being used for 111. Lottery…

2Cases cited7 opinions

  1. Commonwealth v. SchwartzSuperior Court of Pennsylvania · 1923
  2. Wisniewski v. United StatesCourt of Appeals for the Sixth Circuit · 1931
  3. Commonwealth of Pa. v. ScanlonSuperior Court of Pennsylvania · 1924
  4. Commonwealth v. LoeselSuperior Court of Pennsylvania · 1944
  5. United States v. AsendioCourt of Appeals for the Third Circuit · 1948

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