Opinion

Commonwealth v. Howard

  • 2013 Pa. Super. 56
  • 64 A.3d 1082
  • 2013 Pa. Super. LEXIS 144
  • 2013 WL 1115834
Court
Superior Court of Pennsylvania
Filed
Mar 19, 2013
Status
Published
Author
Colville
On the bench
Bender, Colville, Lazarus
Cited by
13 cases
Authority
More cited than 19.7%

relying on King, supra, and finding no police-created exigency where police knocked-and-announced, and resident who opened door tried to destroy evidence

How later courts described this case

  • relying on King, supra, and finding no police-created exigency where police knocked-and-announced, and resident who opened door tried to destroy evidence

Written by the judges who cited it.

The opinion

CONCURRING OPINION BY

COLVILLE, J.:

I agree that Appellant is not entitled to relief; however, I would address his appellate issues as follows.

*1092 Appellant’s first issue is a challenge to the warrantless search of his person. That search was conducted pursuant to his arrest. A search incident to a lawful arrest is a specifically established and well-delineated exception to the Fourth Amendment prohibition against warrantless searches. In the Interest of O.A., 552 Pa. 666 , 717 A.2d 490, 495 (1998). Appellant does not challenge the legality of the arrest. Accordingly, Appellant’s first issue is without merit.

Appellant’s second issue is a challenge to the search of his property. That search was conducted pursuant to a search warrant. Appellant does not challenge the legality of the search warrant. Accordingly, this issue is also without merit.

For these reasons, I would affirm the judgment of sentence. Thus, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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