COMMONWEALTH v. HERNANDEZ


935 A.2d 1275 (2007)

COMMONWEALTH of Pennsylvania, Appellant, v. Jose HERNANDEZ, Appellee.

Supreme Court of Pennsylvania.

Decided November 21, 2007.


Attorney(s) appearing for the Case

Diane E. Gibbons, Esq., Stephen B. Harris, Nathaniel Frederick Spang, Esq., Bucks County District Attorney's Office, for Commonwealth of Pennsylvania.

Cohen Stanley, pro hac vice, for Pennsylvania Police Criminal Law Bulletin.

Ann P. Russavage-Faust, Esq., Lisa Yvette Williams, Esq., Christa L. Schott, Esq., Stephen H. Shantz, Esq., Bucks County Public Defender's Office, Doylestown, for Jose Hernandez.

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


OPINION

Justice FITZGERALD.

This case involves the limited search of a motor vehicle without a warrant, which supported, in part, the issuance of a search warrant for the entire vehicle. We must determine whether the initial search was lawful and, if not, whether the probable cause affidavit that included information obtained in that search nonetheless was sufficient to validate the warrant that ultimately issued. The Commonwealth, as Appellant, challenges...

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