Commonwealth v. Huntington

OPINION BY

HUDOCK, J.:

¶ 1 This is an appeal by the Commonwealth from an order that granted suppression of evidence and dismissed a criminal complaint pursuant to a petition for writ of habeas corpus before the Commonwealth could file an interlocutory appeal as of right from the suppression ruling. 1 We reverse and remand.

¶ 2 On December 19, 2005, a criminal complaint was filed charging Thomas Lee Huntington (Appellee) with one count of sexual abuse of children (possession of child pornography). 2 The charge was based on evidence obtained pursuant to a search warrant. Appellee filed an omnibus…