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COM. v. SHIFLET

543 Pa. 164 (1995)

670 A.2d 128

COMMONWEALTH of Pennsylvania, Appellant, v. Martina SHIFLET, Appellee.

Supreme Court of Pennsylvania.

Decided December 29, 1995.

Attorney(s) appearing for the Case

Roy A. Keefer, Gettysburg, for Commonwealth.

Jeffrey M. Cook, Gettysburg, Anthony E. Miley, East Berlin, for M.M. Shiflet.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

CAPPY, Justice.

In this appeal we must consider whether the search incident to arrest exception to the warrant requirement of Article I, Section 8 of the Pennsylvania Constitution and the Fourth Amendment to the United States Constitution can justify a warrantless search and seizure of Appellee's purse, when Appellee was not arrested and there was neither probable cause nor an articulable...

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