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COM. v. McCREE

924 A.2d 621 (2007)

COMMONWEALTH of Pennsylvania, Appellee, v. Henry McCREE, Appellant.

Supreme Court of Pennsylvania.

Resubmitted April 13, 2007.

Decided May 31, 2007.

Attorney(s) appearing for the Case

Karl Baker, Esq., Karl Lawrence Morgan, Esq., Defender Association of Philadelphia, Philadelphia, for Henry McCree.

Hugh J. Burns, Jr., Esq., Peter Carr, Philadelphia District Attorney's Office, Philadelphia, for Commonwealth of Pennsylvania.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice EAKIN.

We granted allowance of appeal to clarify the standard for the plain view exception to the warrant requirement.

On September 24, 2002, undercover police officer Stacey Wallace was investigating illegal sales of prescription drugs at 700 West Girard Avenue in Philadelphia. At 8:55 a.m., she came in contact with a man identified as "Boyer." Officer Wallace

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