Superior Court of Pennsylvania November 1, 1978, 232 (Commonwealth v. Burstin)

SPAETH, Judge,

dissenting:

I dissent from the majority’s holding that the search conducted in this case was not violative of the Fourth Amendment or Pa.R.Crim.P. 2007.

Contrary to the majority’s conclusion, the facts here indicate that the police did not wait a reasonable time after announcing their presence before breaking into the residence in question here. Commonwealth v. DeMichel, 442 Pa.