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COM. v. ICKES

873 A.2d 698 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Don R. ICKES, Appellee.

Supreme Court of Pennsylvania.

Decided May 4, 2005.

Attorney(s) appearing for the Case

Christopher D. Carusone, Philadelphia, Jerome T. Foerster, Harrisburg, for the Com. of PA, appellant.

Don R. Ickes, appellee pro se.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

The Commonwealth appeals from a Commonwealth Court order holding § 904 of the Pennsylvania Game Code, 34 Pa. C.S. § 904, unconstitutional under the Fourth Amendment of the United States Constitution.1 We affirm.

On April 2, 1999, two Pennsylvania Game Commission Officers entered the property of Don Ickes, appellee, to question him about a possible violation of Pennsylvania game...

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