Supreme Court of Pennsylvania, 1976

Commonwealth v. Way

Supreme Court of Pennsylvania · Decided March 17, 1976 · Brien, Consideration, Eagen, Jones, Manderino, Nix, Pomeroy, Roberts

466 Pa. 287; 353 A.2d 31; 1976 Pa. LEXIS 468

Opinion of the Court

OPINION OF THE COURT

PER CURIAM.

The order of the trial court suppressing appellee’s statements because of violations of Rule 130 of Pa.R. of Crim.P., is affirmed.

JONES, C. J., did not participate in the consideration or decision of this case. POMEROY, J., filed a dissenting opinion in which EAGEN, J., joins.

Dissenting Opinion

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.