# Commonwealth v. Sharp

> Superior Court of Pennsylvania · September 20, 1996 · 453 Pa. Super. 349

URL: https://www.frixlaw.com/law-library/cases/9767387

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Jason Robert SHARP, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** September 20, 1996
- **Citations:** 453 Pa. Super. 349; 683 A.2d 1219; 1996 Pa. Super. LEXIS 3212
- **Precedential status:** Published
- **Opinion:** Concurrence by Saylor
- **Judges:** Popovich, Saylor, Eakin
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9767387

## Opinion text

SAYLOR, Judge,
concurring.
I join my colleagues in concluding that the search warrant at issue was invalid under the Supreme Court’s holding in Commonwealth v. Edmunds.
I also agree with Judge Popovich that the issuing magistrate should have disqualified herself in this proceeding because of her relationship with the sheriff who supervised the investigation and supplied information in connection with the application for the search warrant. However, I am unwilling to impute any actual bias to the magistrate by virtue of the fact that she issued a search warrant on the basis of an affidavit which was technically deficient. Rather I believe, as did Justice McDermott, dissenting in Edmunds, that “[A]ll concerned acted in good faith.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9767387. Public record. Not legal advice.