Commonwealth v. Wallace

SHERTZ, Judge:

This is an appeal by the Commonwealth 1 from an order granting Appellee’s, Larry Wallace, motion to suppress evidence. The Commonwealth advances two arguments: (1) that because the “Knock and Announce” Rule is inapplicable to unoccupied dwellings, the lower court erred in invoking the rule in the instant case, and (2) that even assuming the applicability of the “Knock and Announce” Rule, the police conduct in question was not a violation thereof. We disagree and affirm.

The relevant facts are as follows. Based upon information received from an informant, Margaret Perez,…