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COMMONWEALTH v. FREEMAN

222 Pa.Super. 178 (1972)

Commonwealth v. Freeman, Appellant.

Superior Court of Pennsylvania.

June 16, 1972.

Attorney(s) appearing for the Case

J. Graham Sale, Jr., Assistant Public Defender, with him John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.

Robert L. Campbell, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION BY PACKEL, J., June 16, 1972:

This case raises the issue of the validity of a search claimed to be incident to an arrest for a misdemeanor.1 "Search incidental to arrest" is the usual expression appearing in opinions and the literature notwithstanding the inherent ambiguity of the phrase. Is a search incident to an arrest because it is contemporaneous with the arrest or because it has some other relationship to the arrest? Courts...

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