Commonwealth v. Myers, D.

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 517 EAL 2015 : Petitioner : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : DARRELL MYERS, : : Respondent : ORDER PER CURIAM AND NOW, this 3rd day of February, 2016, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is: Did the Superior Court err in holding, in a published decision, that a warrant was required to obtain blood for a chemical test where the officer had probable cause to believe that the [Respondent] was driving under the influence of alcohol or a controlled substance, and [Respondent] did not affirmatively refuse consent? Mr. Justice Eakin did not participate in the consideration or decision of this matter.