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COM. v. MILLER

No. 904 MDA 2011

56 A.3d 1276 (2012)

2012 PA Super 251

COMMONWEALTH of Pennsylvania, Appellant, v. Keith Arron MILLER, Appellee.

Superior Court of Pennsylvania.

Filed November 20, 2012.

Reargument Denied January 10, 2013.

Attorney(s) appearing for the Case

James E. Zamkotowicz , Assistant District Attorney, for Commonwealth, appellant.

Anthony J. Tambourino , Public Defender, York, for appellee.

BEFORE: BOWES, COLVILLE, and FITZGERALD, JJ.

OPINION BY FITZGERALD, J.:

Appellant, the Commonwealth of Pennsylvania, appeals1 from the order entered in the York County Court of Common Pleas, granting the motion to suppress of Appellee, Keith Arron Miller. We hold that Appellee has not established a reasonable expectation of privacy in the property searched.

In its opinion, the trial court summarized the evidence:

On October 24, 2010, at approximately 11:30 p.m. the...

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