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KERR v. PA STATE BD. OF DENTISTRY

No. 57 MAP 2007.

960 A.2d 427 (2008)

William C. KERR, D.D.S., Appellant v. PENNSYLVANIA STATE BOARD OF DENTISTRY, Appellee.

Supreme Court of Pennsylvania.

Decided November 19, 2008.

Attorney(s) appearing for the Case

William C. Kerr, III, Esq., Du Bois, for William C. Kerr.

Cynthia Kaye Montgomery, Esq., for State Board of Dentistry.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice McCAFFERY.

We are asked to determine whether the exclusionary rule associated with the Fourth Amendment to the United States Constitution applies to a civil disciplinary proceeding of the Pennsylvania State Board of Dentistry. We hold it does not, and thus affirm the order of the Commonwealth Court.

The facts are as follows. Appellant, William C. Kerr, D.D.S., licensed until recently by the State Board of Dentistry ("the Board...

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