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PA: CI's false statement that made it to affidavit required suppression under state law

By John Wesley Hall, Jr.

False statement from a CI in a SW affidavit made the search warrant subject to suppression. The GFE does not apply in Pennsylvania. Commonwealth v. Antoszyk, 2009 PA Super 232, 2009 Pa. Super. LEXIS 4481 (December 2, 2009): Because the good-faith exception to the exclusionary rule does not apply in Pennsylvania, we hold that the trial court properly suppressed the evidence obtained solely through the deliberate misstatements the informant admittedly made to the affiant. In so holding, we conclude that this Court's decision in Commonwealth v. Bradshaw, 290 Pa. Super. 162, 434 A.2d 181 (Pa. Super. 1981), was abrogated by the Pennsylvania Supreme Court's decision in Commonwealth v. Edmunds, 526 Pa. 374, 586 A.2d 887 (1991), and we adopt the lead opinion from this Court's decision in Commonwealth v...continue to full post

Full post as published by Fourth Amendment on December 05, 2009 (boomark / email).