Commonwealth v. McAfee

Opinion by

Jacobs, J.,

In these cases the Commonwealth is appealing from the order of the lower court suppressing evidence seised pursuant to the execution of a search warrant. The warrant itself was regular in form, but the affidavit supporting it was not signed by the magistrate issuing the warrant nor was his seal placed on it. We find that this defect is fatal to the warrant and therefore affirm the court below.

*338The record of the suppression hearing reveals that on May 11, 1973, Officer Lampman applied tó a District Justice for a search warrant. An affidavit was made out stating probable…