COM. v. CLECKLEY


738 A.2d 427 (1999)

COMMONWEALTH of Pennsylvania, Appellee, v. Joseph M. CLECKLEY, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided August 23, 1999.


Attorney(s) appearing for the Case

John J. Petrush, Jr., San Francisco, CA, Peter Rosalsky (amicus), for Joseph M. Cleckley, Jr.

Theresa Ferris-Dukovich, Ahmed Aziz, Beaver, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

CAPPY, Justice.

Appellant contends that a consensual search should be deemed valid under Article I, Section 8 of Pennsylvania Constitution only where it can be shown that the person subject to the search knew that he or she had the right to refuse such consent. For the reasons that follow, we disagree and, accordingly, affirm the decision of the Superior Court.

On December 23, 1995, Officer John Deluca of the Borough of Koppel Police...

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