COM. v. PERSON


385 Pa.Super. 197 (1989)

560 A.2d 761

COMMONWEALTH of Pennsylvania, Appellant, v. William Charles PERSON, Appellee.

Supreme Court of Pennsylvania.

Filed April 25, 1989.

Reargument Denied July 7, 1989.


Attorney(s) appearing for the Case

Patricia E. Coonahan, Assistant District Attorney, Cheltenham, for Com., appellant.

Andrew F. Schneider, Bensalem, for appellee.

Before ROWLEY, WIEAND and BECK, JJ.


WIEAND, Judge:

Where a fire marshall, while seeking to determine the extent of smoke damage caused by a recently extinguished fire, observes in plain view that which he believes to be drugs and drug paraphernalia and thereafter summons a police officer, may the police officer seize the evidence without first obtaining a search warrant? The trial court held that a search warrant was required and suppressed the evidence which had been observed by the fire marshall and...

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