Commonwealth v. Martz

SPAETH, Judge: 1

Appellant was charged with criminal mischief. The lower court granted his motion to suppress certain evidence on the basis that the search warrant had been improperly issued. The Commonwealth filed this appeal.

It is settled that the Commonwealth may only appeal from a pretrial suppression order if the question raised by the order is a pure question of law, and if the order effectively terminates or substantially handicaps the prosecution, Commonwealth v. DeFlice, 248 Pa.Super. 516, 521, 375 A.2d 360, 363 (1977) (cases cited therein).

In Commonwealth v. Kunkel, 254 Pa.Super. 5,…