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COMMONWEALTH v. STAGLIANO

273 Pa.Super. 237 (1979)

417 A.2d 627

COMMONWEALTH of Pennsylvania v. Marilyn Susan STAGLIANO, Appellant.

Superior Court of Pennsylvania.

Filed December 14, 1979.

Attorney(s) appearing for the Case

Nino V. Tinari, Philadelphia, for appellant.

James A. Cunningham, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Before CERCONE, President Judge, and WATKINS and HOFFMAN, JJ.

CERCONE, President Judge:

This case presents the issue whether the purse of a female passenger in an automobile may be seized and searched, consistently with the Fourth Amendment,1 as incident to the lawful arrest of the operator of the vehicle, when the operator is outside the vehicle, under arrest and within the control of the arresting officer, and the passenger is neither involved...

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