# Com. v. Brown, D.

> Superior Court of Pennsylvania · July 30, 2015

URL: https://www.frixlaw.com/law-library/cases/2822094

## Case

- **Court:** Superior Court of Pennsylvania
- **Decided:** July 30, 2015
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2822094

## How later opinions describe it (automated extraction)

- rejecting the federal good faith exception to the exclusionary rule as it would emasculate essential rights guaranteed by the Pennsylvania Constitution

## Opinion text

J-S47022-15

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
DAVID MICHAEL BROWN, :
:
Appellant : No. 209 MDA 2014

Appeal from the Judgment of Sentence December 30, 2013
in the Court of Common Pleas of York County,
Criminal Division, at No(s): CP-67-CR-0007803-2011

BEFORE: ALLEN, OTT, and STRASSBURGER,* JJ.

CONCURRING STATEMENT BY STRASSBURGER, J.: FILED JULY 30, 2015

I agree that Brown’s suppression motion was denied properly because

the stop was authorized by 42 Pa.C.S. § 8953(a)(5). I write separately to

distance myself from the Majority’s discussion of unintentional violations of

the statute avoiding application of the exclusionary rule. Majority

Memorandum at 17. As our Supreme Court recently reaffirmed, the

Pennsylvania Constitution allows for no good-faith exception to the

exclusionary rule. Commonwealth v. Johnson, 86 A.3d 182, 184 (Pa.

2014); see also Commonwealth v. Edmunds, 586 A.2d 887, 899 (Pa.

1991) (rejecting the federal good faith exception to the exclusionary rule as

it would emasculate essential rights guaranteed by the Pennsylvania

Constitution).

*Retired Senior Judge assigned to the Superior Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2822094. Public record. Not legal advice.