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COMMONWEALTH v. SHAW

770 A.2d 295 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. David R. SHAW, Appellant.

Supreme Court of Pennsylvania.

Decided April 16, 2001.

Attorney(s) appearing for the Case

Samuel K. Gates, Hanover, Ronald J. Gross, Doylestown, for David Shaw.

Michael A. George, Dist. Atty., for Com.

OPINION

ZAPPALA, Justice.

This appeal presents the issue of whether under Article 1, Section 8 of the Pennsylvania Constitution, a police officer may obtain the results of a blood alcohol test, pursuant to 75 Pa.C.S. § 3755 (reports by emergency room personnel), without a search warrant and without having requested that the blood alcohol test be performed, for purposes of possible prosecution under 75 Pa.C.S. § 3731 (relating to driving...

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