Commonwealth v. Flaherty

POPOVICH, Judge.

This is an appeal from the order of the Court of Common Pleas, Allegheny County, suppressing evidence of drugs seized from appellee’s automobile. We affirm.

On appeal, 1 the Commonwealth asserts that the suppression court erred in finding that the magistrate had failed to act pursuant to probable cause when issuing the search warrant for appellee’s automobile. As we have resolved to affirm the decision below on grounds that probable cause was clearly wanting, 2 we must also reach the second argument offered by the Commonwealth, to-wit: whether this search warrant, if determined…