Commonwealth v. Way

*288DISSENTING OPINION

POMEROY, J.

For the reasons which are fully set forth in my dissenting opinion in Commonwealth v. Dutton, 453 Pa. 547, 551, 307 A.2d 238 (1973), I dissent from the Court’s affirmance of the lower court’s application of the exclusionary rule first announced in Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972), to police conduct which occurred prior to the Futch decision.