Commonwealth v. Davis

Concurring Opinion by

Spaeth, J.:

I concur in the decision to reverse, but see no reason to go beyond footnote one of Judge TIoppman’s opinion.

I do not mean to cast aspersions on the issuing authority’s integrity. However, the law requires that “an independent judicial officer” determine if probable cause exists for the issuance of a search warrant, Jones v. United States, 362 U.S. 257, 270 (1960), and it just cannot be said the issuing authority in this case fits that description. Appellant is entitled to relief on this ground alone.