Commonwealth v. Leed, E. - No. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. ERIC JAY LEED, Petitioner : No. 645 MAL 2016 : : : Petition for Allowance of Appeal from : the Order of the Superior Court : : : : : : ORDER PER CURIAM AND NOW, this 28th day of December, 2016, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are: (1) Did the Superior Court err as a matter of law when it upheld the lower court’s determination that the issuing authority in [Petitioner’s] case had a substantial basis to find that probable cause existed within the four corners of a search warrant’s affidavit that was facially incapable of establishing probable cause? Specifically, did the Superior Court err when: a. The [c]ourt considered information beyond the affidavit’s four corners in direct conflict with the plain language of Pennsylvania Rule of Criminal Procedure 203? and/or b. The Court found there was no meaningful legal distinction between a reviewing court’s probable cause determination when an affidavit contains ambiguities or omissions requiring clarification, as opposed to when an affidavit contains explicit sworn-to facts requiring modification to substantiate a finding of probable cause? (2) Did the Superior Court’s determinations below grant lower courts with arbitrary judicial discretion to fashion a finding of probable cause when the affidavit presented to the issuing authority does not, on its face, contain facts sufficient to establish probable cause? [645 MAL 2016] - 2
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