Commonwealth v. Mourar

SPAETH, President Judge:

This appeal is from an order suppressing evidence. The trial court ordered the evidence suppressed because it found that the search warrant was executed after 10 p.m. although the Commonwealth in the affidavit in support of the warrant did not request authority for a nighttime search, as required by Rule 2003(c) of the Pennsylvania Rules of Criminal Procedure. We hold that despite the Commonwealth’s violation of Rule 2003(c), the evidence should not have been suppressed. The trial court’s order will therefore be reversed and the case remanded for further proceedings.

We…