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COM. v. GOVENS

429 Pa.Super. 464 (1993)

632 A.2d 1316

COMMONWEALTH of Pennsylvania v. James GOVENS, Appellant.

Superior Court of Pennsylvania.

Filed October 28, 1993.

Attorney(s) appearing for the Case

Janis Smarro, Philadelphia, for appellant.

Peter J. Gardner, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before CAVANAUGH, WIEAND, McEWEN, CIRILLO, DEL SOLE, BECK, TAMILIA, JOHNSON and HUDOCK, JJ.

WIEAND, Judge.

Where an illegal sale of cocaine through a hole or opening in an apartment door is made in the presence of a police officer, may the police enter the apartment without a warrant for the purpose of identifying and arresting the seller? This is the principal issue which we are called upon to decide in this appeal by James Govens following his conviction for unlawful delivery of a controlled substance and tampering with physical evidence.

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