IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 411 EAL 2016
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
I. DEAN FULTON, :
:
Petitioner :
ORDER
PER CURIAM
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.
Justice Mundy did not participate in the consideration or decision of this matter.