Johantgen v. Commonwealth

GANT, Judge.

Appellant was convicted of possession of a controlled substance. The sole question before this Court is whether evidence seized from appellant and introduced at trial was inadmissible as being the fruit of an illegal search. 1 The facts are as follows.

On October 18, 1976, a search warrant was issued commanding a search of one Daryl Driver, his car, his residence and “any other person present believed to be involved in the illegal use of, possession of, or trafficking in controlled substances.” The warrant was executed that same day by four police officers. When they arrived at the…