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Commonwealth v. Knoeppel

Appeal of order granting defendant's motion to suppress evidence quashed because, in its notice of appeal, Commonwealth failed to include a certification by counsel that the order would terminate or substantially handicap the prosecution.

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� 1 This is a Commonwealth appeal from the Order entered March 8, 2000, in the Northumberland County Court of Common Pleas, granting Appellee’s motion to suppress evidence. For the reasons set forth below, we quash.

� 2 In early January of 1998, Detective Robert John, of the Shamokin Police Department, received information from a confidential informant that Appellee was selling marijuana. Based on the informant’s tip and additional information, Detective John and another officer removed two garbage bags from the sidewalk in front of Appellee’s residence in the early morning hours of January 12, 1998. A search of the bags revealed drug packaging paraphernalia and marijuana. Based on this discovery, Detective John applied for a search warrant for Appellee’s residence.

� 3 During the suppression hearing, Detective John testified that he appeared before the district justice with the warrant application at approximately 9:10 a.m. to 9:30 a.m. on the morning of January 12, 1998. After reviewing the application, the district justice approved the warrant. However, he listed the issuance time and date as 10:45 a.m. on January 12, 1998, and directed that the warrant be served no later than 10:45 a.m. on January 14, 1998. *fn1 Not realizing this error, Detective John proceeded directly to Appellee’s home, located only 3 to 4 minutes from the district justice’s office, and served the warrant at 9:49 a.m.

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