Commonwealth v. Herb

3 Citing cases

  1. Commonwealth v. Siderias

    235 A.2d 181 (Pa. Super. Ct. 1967)

    November 16, 1967. Commonwealth v. Herb, 211 Pa. Super. 119, Held controlling. Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

  2. Com. v. Shaheen

    257 Pa. Super. 393 (Pa. Super. Ct. 1978)   Cited 4 times
    In Commonwealth v. Shaheen, 257 Pa. Super. 393, 390 A.2d 1294 (1978), we held that an issuing authority has the power to issue a search warrant for premises outside of his magisterial district, but within the same county. We, therefore, reverse the Order of the Court enbanc granting a new trial and remand the case for sentencing.

    Rule 2001 of the Pennsylvania Rules of Criminal Procedure provides that "[a] search warrant may be issued by an issuing authority having jurisdiction of the person or place to be searched." The general rule is that a justice of the peace, magistrate, or alderman has jurisdiction only over the locality in which he was elected; Commonwealth v. Herb, 211 Pa. Super. 119, 235 A.2d 429 (1967), therefore, a magistrate, alderman, or justice of the peace can only issue a warrant to search persons or places in the district in which he was elected. Commonwealth v.Myers, 239 Pa. Super. 459, 462, 361 A.2d 884, 885 (1976) (footnote omitted).

  3. Commonwealth v. Myers

    239 Pa. Super. 459 (Pa. Super. Ct. 1976)   Cited 4 times
    In Commonwealth v. Myers, 239 Pa. Super. 459, 361 A.2d 884 (1976), a Chester County justice of the peace issued a warrant to search premises located in Lancaster County.

    Rule 2001 of the Pennsylvania Rules of Criminal Procedure provides that "[a] search warrant may be issued by an issuing authority having jurisdiction of the person or place to be searched." The general rule is that a justice of the peace, magistrate, or alderman has jurisdiction only over the locality in which he was elected; Commonwealth v. Herb, 211 Pa. Super. 119, 235 A.2d 429 (1967), therefore, a magistrate, alderman, or justice of the peace can only issue a warrant to search persons or places in the district in which he was elected. In the instant case, neither the appellant nor the appellant's residence was in Chester County.