Commonwealth v. Baker

POPOVICH, Judge:

This case is on remand from the Pennsylvania Supreme Court to resolve the remaining issues left open by this panel’s initial decision to suppress a warrant for “staleness”, a decision which was reversed on appeal. Commonwealth v. Baker, 513 Pa. 23, 518 A.2d 802 (1986).

The first issue we shall address concerns Baker's contention that the court below erred in hearing the testimony of an individual (Agent Todoric), other than the affiant on the search warrant, in considering whether probable cause for its issuance existed. This testimony, argues the defendant, “was so exhaustive…