Commonwealth v. Tucker

JACOBS, President Judge:

Appellees Tucker and Sparling were charged with the crimes of burglary, theft, receiving stolen property, and conspiracy. The Commonwealth here appeals the trial court’s order suppressing all the evidence gained through the use of an allegedly defective search warrant. 1 The sole issue before us is whether a deliberate misstatement of fact in an affidavit for a search warrant always invalidates the warrant. We hold that it does not and reverse the suppression order of the court below.

Testimony at appellees’ non jury trial established that on October 18,1975, two white…