Appellant contends that: (1) his warrantless arrest lacked probable cause; (2) the lower court should have suppressed certain evidence seized unlawfully and/or tainted by his unlawful arrest; (3) the search warrants were based upon material misrepresentations and/or were tainted by evidence received in prior illegal searches; (4) the lower court improperly restricted cross-examination of an affiant regarding the reliability of a confidential informant; and (5) his sentence is excessive and lacks a sufficient statement of reasons. *290 1 We disagree and, accordingly, affirm the judgment of sentence.
I. FACTS
In June, 1977 a confidential informant told Trooper White of the state police that appellant was operating a methaqualone manufacturing laboratory. Although the informant did not substantiate this information, he had previously given the troopers information which had led to numerous arrests and convictions. On August 1, 1977, the informant told Trooper White and Corporal Bason that he and several of his associates were negotiating with appellant for the purchase of the laboratory. The informant also told the trooрers that Maurer and “Herb” assisted appellant in his drug operation, and that on July 30, 1977, he had been in the basement of 759 Queen Street where he had observed the pill press and some white powder used to make tablets. Additionally, he described the external characteristics of the building, including the entrances. On the evening of August 1, Trooper White, who initiated surveillance, saw that the building was dimly lit and hеard a loud exhaust fan at the rear of the building. At about 12:20 a. m. on August 2, Trooper White *291 saw an individual leave the rear entrance of 759 Queen Street and walk onto a parking lot at the rear of 762 High Street, appellant’s residence. 2
On August 2, at 8:05 a. m., Trooper White again contacted the informant. The informant now warned that appellant would probably dismantle the laboratory thаt very day. Appellant purportedly was having difficulty in the operation and was concerned that the police had discovered the laboratory. White and Bason, concluding that immediate action was necessary, began preparations to obtain a search warrant. They dispatched Troopers Mateleska and Kaunert to the area of 759 Queen Street at 10:45 a. m. on August 2. Those troopers were aware of the information revealed by the informant and were instructed to watch the building and secure the area until a search warrant could be obtained. While stationed across from the residence, the troopers saw two men leave the area of 762 High Street and enter the rear basement door of 759 Queen Street. Twenty minutes later, at 11:40 a. m., the two men exited the building. One carried an object which appeared to be a machine. He emptied some liquid from it and placed it into the trunk of an automobile parked in the lot behind 759 Queen Street. Meanwhile, the companion stood on the basement steps and kept a look-out.
The troopers, concerned that the men were in the process of dismantling the laboratory, approached the two and requested identification. The men identified themselves as Paul Maurer and Doctor Lamar T. Zimmerman. The troopers placed both men under arrest and Mateleska read them their constitutional rights. Soon thereafter, noises were heard from the basement. Concerned about their safety and further destruction оf the laboratory, Trooper Mateleska asked appellant if anyone else was in the building. According to the troopers, appellant replied, “No one else is in there, go ahead and look.” Appellant denies that he made *292 that statement. Mateleska entered the basement of 759 Queen Street and looked around for other individuals. During that brief search, the troopers saw the pill press, white powder, and tablets.
Mateleska then placed a call to his superiors, informed them of the events which had transpired,. and requested assistance from them. This additional information was incorporated into the affidavit which White and Bason were preparing. Search warrants issued for 757 and 759 Queen Street and 762 High Street were executed оn the afternoon of August 2.
Appellant was charged with various violations of the Controlled Substance, Drug, Device and Cosmetic Act, conspiracy, and risking a catastrophe. Following the denial of appellant’s suppression motion, the case came to jury trial. Appellant was found guilty of the drug related counts and was sentenced to three-and-one-half-to-seven years, fined $35,000.00 and charged the costs of prosecution. Upon the denial of post-verdict motions, appellant took this appeal. II. ARREST
Appellant contends that his warrantless arrest was not based upon probable cause.
3
We disagree. “It is well established that a police officer is authorized to arrest without a warrant when he has probable cause to bеlieve that a felony has been committed and that the person to be arrested is the felon.”
Commonwealth v. Jones,
Probable cause to justify a warrantless arrest exists if the facts and circumstances known to the officer at the time of the arrest would warrant a prudent man in believing that an offense had been committed, and the *293 suspect was the perpetrator of the offense. Terry v. Ohio,392 U.S. 1 , [88 S.Ct. 1868 ,20 L.Ed.2d 889 ] (1968); McCray v. Illinois,386 U.S. 300 , [87 S.Ct. 1056 ,18 L.Ed.2d 62 ] (1967); Commonwealth v. Smith, supra, [201 Pa.Super. 511 ,193 A.2d 778 ]; Commonwealth v. DeFleminique,450 Pa. 163 ,299 A.2d 246 (1973); Commonwealth v. Brown,230 Pa.Super. 214 ,326 A.2d 906 (1974). These facts and circumstances, however, are not those that a legal technician might desire when examining the situation in retrospect; but, rather, the practical considerations of everyday life upon which reasonable and prudent men rely. Henry v. United States,361 U.S. 98 , [80 S.Ct. 168 ,4 L.Ed.2d 134 ] (1959); Draper v. United States, supra, [358 U.S. 307 ,79 S.Ct. 329 ,3 L.Ed.2d 327 ]; Commonwealth v. Negri,414 Pa. 21 ,198 A.2d 595 (1964). In any event, probable cause means less evidence than that which justifies convictions. Wong Sun v. United States,371 U.S. 471 , [83 S.Ct. 407 ,9 L.Ed.2d 441 ] (1963); Commonwealth v. Anderson,224 Pa.Super. 19 ,302 A.2d 504 (1973). See generally Annot.,28 L.Ed.2d 978 (1971) (collecting cases defining probable cause); 4 Wharton's Criminal Evidence § 721 (13th ed. C. Torcía 1973).
Appellant concedes that the trooрers had “ ‘information’ that a ‘laboratory’ was being dismantled by a man not known to them by sight.” Nevertheless, appellant argues that the Commonwealth could not rely upon this tip to establish probable cause because neither the underlying circumstances upon which it was based nor the reliability of the informant were shown.
See Betrand Appeal,
*293 We need not decide whether this tip, standing alone, would meet the requirements of Spinelli v. United States,393 U.S. 410 , [89 S.Ct. 584 ,21 L.Ed.2d 637 ] (1969) and Aguilar v. Texas,378 U.S. 108 , [84 S.Ct. 1509 ,12 L.Ed.2d 723 ] (1964), because the arresting officer in this case gained additional crucial information from his personal observations prior to the arrest of appellant.
*294 III. THE SEARCH OF 759 QUEEN STREET
Appellаnt contends that Trooper Mateleska conducted an unlawful warrantless search of 759 Queen Street. We disagree. Although the search was made after the arrest and before the arrival of the warrant, we conclude that the search, if it be deemed such, was valid because appellant consented to the search.
5
See Commonwealth v. Donnelly, supra
IV. SEARCH WARRANTS PROCURED UPON MISSTATEMENTS OF FACT
Appellant contends that the search warrants issued for 757 and 759 Queen Street were invalid because they were procured on the basis of material misrеpresentations of fact made to the issuing authority.
6
Appellant alleges three misstatements: (1) that the informant supplied information leading to “at least” seven arrests and convictions; (2) that the informant supplied “all” the information leading to said arrests; and, (3) that Felix Zimmerman, record owner of 759 Queen Street, was the father of appellant. In
Commonwealth v. Tucker,
In order to secure a valid search warrant, an affiant must provide a magistrate with information sufficient to persuade a reasonable person that there is probable cause for a search. The information must give the magistrate the opportunity to know and weigh the facts and to determine objectively whether there is a need to invade a person’s privacy to enforce the law. Commonwealth v. D’Angelo,437 Pa. 331 , 336-37,263 A.2d 441 , 444 (1970), and cases therein cited. In D’Angelo, the court held invalid a search warrant based upon the affiant’s misstatement of a fact. Later cases have held, however, that misstatements of fact will invalidate a search warrant and require suppression of the fruits of the search only if the misstatements of fact are deliberate and material. Commonwealth v. Scavincky,240 Pa. Super. 550 , 556, 359 A.2d *296 449, 452 (1976); Commonwealth v. Jones,229 Pa.Super. 224 , 230,323 A.2d 879 , 881 (1974), allocatur denied,229 Pa.Super. xxxv . A material fact is one without which probable cause to search would not exist. Commonwealth v. Scavincky,240 Pa.Super. at 556 ,359 A.2d at 452 ; Commonwealth v. Jones,229 Pa.Super. at 230 ,323 A.2d at 881 .
Id.,
The lower court concluded that any flaws in the affidavit were minimal and immaterial. We agree. First, appellant does not contest, and the record amply demonstrates, that the informant provided information which led to seven arrests and convictions. Secondly, the fact that the arrests resulted in twо indictments (one of two defendants, the other five) is wholly irrelevant. Thirdly, we agree that the use of the phrase “at least” in describing the prior performance of the informant is immaterial and not a deliberate attempt to mislead the issuing authority. As the lower court correctly observed, the affidavit neither stated nor implied that the informant had been the exclusive source of infоrmation leading to the prior arrests. Therefore we conclude that the warrants were valid. 7
V. ABBREVIATION OF CROSS-EXAMINATION
Appellant contends that the lower court improperly restricted his cross-examination of Trooper White, the affiant in the application for the search warrant. We disagree. In
Commonwealth v. Hall,
[T]he allegation of “5 arrests and 3 convictions” resulting from an unnamed informant’s earlier information is an assertion that is impossible for a defendant to explore prior to the suppression hearing, and is clearly a proper subject for inquiry there. . . . Indeed, the only existing method to effectively probe the veracity of the assertion is to allow a defendant meaningful cross-examination of the police officer-affiant at the suppression hearing. . . .
It must be concluded that appellant at the suppression hearing should have been afforded the opportunity through “the traditional safeguard” of cross-examination, to test the truthfulness of the recitals in the warrant alleging the informant’s previous reliability.
On direct examination, Trooper White testified to the names of the seven arrestees, the dates of convictions, and the counties in which the convictions occurred. The Commonwealth offered into evidence certified extracts of the court records pertaining to the seven arrestees. At the discovery hearing and during cross-examination, appellant’s counsel requested the complete filеs on each of the seven arrestees. Appellant contends that he is entitled to inquire into the statements made by the informant in each case and to ascertain whether the informant had previously supplied false information. At that point, the lower court stated that there would not be a separate hearing on each file. We conclude that the lower court acted consistently with the
*298
mandate of
Hall.
Appellant requested and received the names, court terms, and numbers of the prior arrestees. Moreover, unlike
Commonwealth v. Bailey,
VI. SENTENCING
Appellant contends that his sentence was excessive and not sufficiently supported by a statement of reasons. We disagree. Appellant was sentenced to three-and-one-half-to-seven years imprisonment, fined $35,000.00, and сharged costs for his four violations of the Controlled Substance, Drug, Device and Cosmetic Act. That sentence is within the limits established by the Act and we do not find it excessive.
Id.,
§ 13(b)-(h), 35 P.S. § 780-113(b)-(h). In
Commonwealth v. Martin,
Our review of the record reveals that the lower court complied with the mandates of
Martin
and
Riggins.
The sentencing colloquy amply shows that the lower court was awаre of appellant’s background information and gave long and deliberate consideration to the details. The court was aware of the public service of appellant and the high esteem in which appellant was held. The court was also aware of the impact that the case would have on the professional future of appellant. The court wаs also aware, however, of the grave charges brought against appellant. Counsel had the opportunity to make argument and present relevant information.
Commonwealth v. Wareham, supra
Judgment of sentence affirmed.
Notes
. Appellant contends that unspecifiеd statements made by him should be suppressed as the fruit of the unlawful arrest. Because we conclude that the arrest was lawful and because appellant raises no Miranda issue, we need not address that issue.
Appellant has raised several other issues: (1) that the lower court erred in refusing to grant a mistrial during direct examination of a Commonwealth witness wherein reference was made to the production of methаmphetamine; (2) that the lower court erred in overruling appellant’s objection to the district attorney’s closing argument wherein he referred to appellant’s “big money” and ownership of a country club; (3) that the lower court erred in charging the jury concerning the policy of protecting from disclosure the identity of a confidential informant; and, (4) that the lower court erred in rеfusing appellant’s motion for a change of venue. We need not address these issues because they were not properly preserved for appeal due to appellant’s failure to brief or orally argue the points before the lower court in his post-trial motions.
See Commonwealth v. Van Cliff,
. Queen Street and High Street are parallel, and the rear of a property on Queеn Street is adjacent to the rear of a High Street parcel.
. Appellant does not contend that the initial stop and request for identification was unlawful.
See Adams v. Williams,
. Because we conclude that appellant’s arrest was lawful, we need not separately address appellant’s arguments that certain after-acquired information was the fruit of the unlawful arrest.
. Because wе conclude that the initial search of 759 Queen Street was valid, appellant’s contention that the incorporation of Mateleska’s observations into the application for the search warrant impermissibly tainted the subsequent warrants is without merit.
. Appellant contends that the search warrant for 762 High Street was based upon evidence illegally seized prior thereto. Because we conclude that the arrest, initial search of 759 Queen Street and the search warrants for 757 and 759 Queen Street were all proper, that contention is without merit.
. We agree with the lower court that the alleged misstatement regarding Felix Zimmerman is immaterial and not a deliberate attempt to mislead the issuing magistrate. Moreover, there is no indication in the record that Felix Zimmerman was not appellant’s father.