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COM. v. JOHNSON

No. 3395 EDA 2006.

969 A.2d 565 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Hakim JOHNSON, Appellee.

Superior Court of Pennsylvania.

Filed March 11, 2009.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Alfred J. Falcione, Philadelphia, for appellee.

BEFORE: BOWES, SHOGAN, and FITZGERALD, JJ.

OPINION BY FITZGERALD, J.:

¶ 1 The Commonwealth of Pennsylvania, appeals from the order entered in the Philadelphia County Court of Common Pleas, granting the motion to suppress filed by Appellee, Hakim Johnson. We find that the need to identify an unconscious victim, in order to facilitate investigation of the attack, can be an exigent circumstance justifying a warrantless search of the victim's clothing. We specifically hold that the instant, warrantless search...

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