Commonwealth v. Wilson

I respectfully dissent. I find the Majority’s reliance upon Maryland v. Garrison, 480 U.S. 79, 107 S.Ct. 1013, 94 L.Ed.2d 72 (1987) misplaced. Moreover, accepting the trial court’s findings of fact, I would still find that the search challenged was within the express authority of the properly issued warrant and that the execution of the warrant was entirely reasonable.

*527The inferences drawn by the Majority here, regarding the application of Maryland v. Garrison, supra, are grounded entirely upon an extension of dicta, rather than an application of precedent. In Maryland v. Garrison, supra, the…