However, a court cannot quash an information merely because the court believes that some or all of the Commonwealth's evidence has been obtained illegally. See, e.g.: United States v. Calandra, 414 U.S. 338, 344-345, 94 S.Ct. 613, 618, 38 L.Ed.2d 561, 569 (1974) (pertaining to grand jury indictments); United States v. Goldman, 439 F. Supp. 337, 348 (S.D.N.Y. 1977); United States v. Grosso, 225 F. Supp. 161, 175 (W.D.Pa. 1964); United States v. Sawyer, 213 F. Supp. 38, 42 (E.D.Pa. 1963). Similarly, a court cannot properly quash a criminal information merely because it believes the accused has been improperly charged or has a defense to the crime with which he has been charged.

The in-presence requirement being nonconstitutional, it may be legislatively abolished as to particular offenses or circumstances.United States v. Grosso, 225 F. Supp. 161 (W.D. Pa. 1964). Because the applicability of the requirement depends upon the severity of the punishment attached to an offense, the requirement is alien to juvenile cases, where there is no punishment.