Commonwealth Pennsylvania v. Charles Tolbert

Appellant, Charles Tolbert, was arrested and charged with knowing and intentional possession with intent to deliver heroin and marijuana. A search, pursuant to warrant, of 619 N. 12th Street in Philadelphia on December 2, 1975, recovered over a hundred glassine packets of heroin and marijuana. A pre-trial motion to suppress this evidence was filed and denied. Thereafter, appellant was tried before a judge, sitting without a jury, and adjudged guilty of the charges. The challenged evidence was introduced against the appellant at trial. Post trial motions were denied and a sentence of five years probation imposed. The conviction was affirmed by the Superior Court per curiam on May 5, 1978. On October 6, 1978, this Court granted the appellants petition for allowance of appeal. Under attack is the validity of the probable cause affidavit prepared by Officer Piree supporting the application for the search warrant, said affidavit here reproduced, in part: