Commonwealth v. Bagley

I join in all aspects of the majority’s well reasoned opinion save its discussion of the validity of search warrant No. 12504.

*217That a magistrate may not issue a search warrant without probable cause is axiomatic. In determining whether an affidavit is adequate to establish probable cause, the question to be answered is not whether there is sufficient evidence to prove guilt, but rather whether it is reasonably probable that the crime has been committed. Commonwealth v. DeLuca, 230 Pa.Super. 390, 397, 326 A.2d 463, 467 (1974). See also Alabama v. White, 496 U.S. -, -, 110 S.Ct. 2412, 2416, 110…