Commonwealth v. Hernley

Opinion by

Jacobs, J.,

This is an appeal by the Commonwealth from an order of the court below suppressing all evidence ob*178tained under a search warrant on the grounds that the warrant was issued upon information received as a result of an unconstitutional search and seizure.1 Disposition of this case depends entirely on whether the nocturnal observation through the windows of appellees’ printshop by an FBI agent while standing on top of a ladder and using binoculars constituted an unreasonable search. The Commonwealth contends that this observation, if upheld, supports the issuance of the…