COMMONWEALTH OF PENNSYLVANIA v. NOLAN ANTOSZYK

COMMONWEALTH OF PENNSYLVANIA v. NOLAN ANTOSZYK No. 689 WDA 2008 2009 PA Super 232 Atlantic: n/a Filed: 12/2/2009
	Appeal from the Order entered April 11, 2008 In the Court of Common Pleas of Allegheny County Criminal No: CP-02-CR-0009936-2005
Before: BOWES, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
The Commonwealth of Pennsylvania appeals from the order entered in the Allegheny County Court of Common Pleas, which granted the suppression motion filed by Appellee, Nolan Antoszyk. The Commonwealth contends an affidavit that includes material misstatements from a confidential informant should not render inadmissible evidence obtained from a warrant approved on the basis of the faulty affidavit. Because the good-faith exception to the exclusionary rule does not apply in Pennsylvania, we hold that the trial court properly suppressed the evidence obtained solely through the deliberate misstatements the informant admittedly made to the affiant. In so holding, we conclude that this Court’s decision in Commonwealth v. Bradshaw, 434 A.2d 181 (Pa. Super. 1981), was abrogated by the Pennsylvania Supreme Court’s decision in Commonwealth v. Edmunds, 526 Pa. 374, 586 A.2d 887 (1991), and we adopt the lead opinion from this Court’s decision in Commonwealth v. Clark, 602 A.2d 1323 (Pa. Super. 1992) (plurality). Accordingly, we affirm.

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