# Commonwealth v. Howard

> Superior Court of Pennsylvania · March 19, 2013 · 2013 Pa. Super. 56

URL: https://www.frixlaw.com/law-library/cases/4967024

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Michael L. HOWARD
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 19, 2013
- **Citations:** 2013 Pa. Super. 56; 64 A.3d 1082; 2013 Pa. Super. LEXIS 144; 2013 WL 1115834
- **Precedential status:** Published
- **Opinion:** Concurrence by Colville
- **Judges:** Bender, Colville, Lazarus
- **Cited by:** 13 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/4967024

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4967024. Public record. Not legal advice.