COM. v. MOURAR


332 Pa.Super. 258 (1984)

481 A.2d 352

COMMONWEALTH of Pennsylvania, Appellant, v. Jeffrey L. MOURAR.

Supreme Court of Pennsylvania.

Filed August 24, 1984.

Petition for Allowance of Appeal Denied November 27, 1984.


Attorney(s) appearing for the Case

Sandra L. Elias, Deputy District Attorney, Media, for Com., appellant.

Nicholas J. Caniglia, Wayne, for appellee.

Before SPAETH, President Judge, and BECK and HOFFMAN, JJ.


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...

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