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PA: Search warrant may be used as investigative tool to gather evidence and move investigation along

By John Wesley Hall, Jr.

There was ample probable cause of the issuance of the search warrant in this murder case, and the appellate court (2007 PA Super 181, 928 A.2d 1054 (2007)) erred in holding otherwise. Moreover, a search warrant may be used as an investigative tool. Commonwealth v. Jones, 2010 Pa. LEXIS 157 (February 16, 2010): In coming to our conclusions, we must reject Jones's argument that a warrant can never be used as an investigative tool. Jones cites case law that purportedly supports his argument. Appellee's Brief at 5-6. However, such case law is readily distinguishable and relates to instances where the police only have a mere suspicion that a crime has been committed and/or where the police are unable to describe the items to be searched for "as is reasonably possible...continue to full post

Full post as published by Fourth Amendment on February 18, 2010 (boomark / email).