Superior Court of Pennsylvania· 3/31/1975

Commonwealth v. Novak

Citations

233 Pa. Super. 236
335 A.2d 773
1975 Pa. Super. LEXIS 1453

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that search warrant for drugs based on seven-week old information was stale because narcotics being held for sale “would likely ... be quickly disposed of[ ]”
a dozen purchases of drugs seven weeks ago insufficient to establish probable cause because it is likely that narcotics being held for sale will quickly be disposed of
a dozen purchases of drugs seven weeks ago insufficient to establish probable cause because it is likely that narcotics being held for sale will quickly be disposed of
evidence of drug sales occurring seven weeks before arrest was insufficient to establish probable cause for issuance of arrest warrant
“If [it was not the case that courts assume a transaction took place in the most remote part of a specified period], stale information could be made to appear current by the mere use of ‘within’ language.”
“If the issuing officer is presented with evidence of criminal activity at some prior time, this will not support a finding of probable cause as of the date the warrant issues, unless it is also shown that the criminal activity continued up to or about that time.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cercone, Hoffman, Jacobs, Price, Spaeth, Van, Voort, Watkins

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.