Commonwealth v. Duke

OPINION BY DUBOW, J.:

Appellant, Timothy Martin Duke, appeals from the Judgment of Sentence entered in the York County Court of Common Pleas on November 22, 2016. He challenges the trial court's denial of his Suppression Motion, averring that the search of his garage was an illegal warrantless search and any evidence obtained thereafter was "fruit of the poisonous tree." After careful review, we agree. We, thus, vacate Appellant's Judgment of Sentence.

The facts and procedural history are as follows. On October 23, 2015, Pennsylvania State Troopers Joshua Koach, Kyle Yeager, and Alan Krall went…