Commonwealth v. Frye

CERCONE, Judge:

This is an appeal by the Commonwealth from the order of the court below suppressing evidence which was seized pursuant to a warrant authorizing a search of appellee Frye’s residence.1 For the reasons that follow, we reverse the lower court’s suppression order.

On February 22, 1975, search warrants were issued for both Frye’s Rambler automobile and his residence. The affidavits for both warrants recited, in pertinent part:

“I, the affiant, received information from a confidential reliable informant who called this office by phone on 2-22-75 and stated that he was in the presence…