COMMONWEALTH v. JOHN DOE


28 Pa. D. & C. 3d 105 (1983)

Commonwealth v. John Doe

Common Pleas Court of Lehigh County, Pennsylvania.

July 12, 1983.


Attorney(s) appearing for the Case

David S. Smith, Assistant District Attorney for the Commonwealth.

J. Palmer Lockhard, II, for defendant.


DAVISON, J., July 12, 1983.

This case presents the novel issue of whether a person who successfully asserts Fourth Amendment rights is entitled to have his or her criminal arrest records expunged. For the reasons which follow, we conclude that expungement is warranted.

Following a search conducted under a search warrant of the mobile home occupied by petitioner and a friend, petitioner, then a senior undergraduate student at Lehigh University, was arrested...

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