Commonwealth v. Fulton, I.
Supreme Court of Pennsylvania
Commonwealth v. Fulton, I., 165 A.3d 888 (Pa. 2017)
2017 WL 283474; 2017 Pa. LEXIS 173
Mundy
Commonwealth v. Fulton, I.
Opinion
ORDER
AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to the remaining issue. The issues, as stated by Petitioner, are:
a. The Superior Court’s opinion is contrary to Riley/Wurie which held that the warrantless search of a flip top cell phone is prohibited without any expectation for minimal intrusion.
b. The Superior Court’s opinion is contrary to this Court’s opinion in Story and La Rosa which held that a constitutional error cannot be harmless unless there is independent evidence that is untainted, uncontradicted and overwhelming..
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Respondent v. I. Dean FULTON, Petitioner
- Cited By
- 1 case
- Status
- Published