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COM. v. PERRY

798 A.2d 697 (2002)

COMMONWEALTH of Pennsylvania, Appellee, v. Shawney PERRY, Appellant. Commonwealth of Pennsylvania, Appellee, v. Brett Stewart, Appellant.

Supreme Court of Pennsylvania.

Decided June 3, 2002.

Attorney(s) appearing for the Case

Gerald A. Stein, Philadelphia, for appellant.

Catherine Lynn Marshall, Philadelphia, for appellee.

FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice CAPPY.

The issue before the court is whether exigent circumstances excused the Commonwealth's warrantless search of a vehicle, after the occupants had been removed from the vehicle and taken into police custody. I conclude that under the unique facts of this case, there existed a potential threat of deadly harm to the police, and thus, exigent circumstances that justified the Commonwealth's failure...

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