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COMMONWEALTH v. GALLAGHER

No. 1529 WDA 2019.

263 A.3d 1207 (2021)

2021 PA Super 204

COMMONWEALTH of Pennsylvania Appellant v. Tod A. GALLAGHER

Superior Court of Pennsylvania.

Filed: October 12, 2021.

Attorney(s) appearing for the Case

Benjamin A. Simon , Assistant District Attorney, Butler, for Commonwealth, appellant.

Robert E. Mielnicki , Pittsburgh, for appellee.

BEFORE: PANELLA, P.J., BENDER, P.J.E., BOWES, J., LAZARUS, J., OLSON, J., DUBOW, J., KUNSELMAN, J., MURRAY, J., and McCAFFERY, J.

The Commonwealth appeals from the Butler County Court of Common Pleas' order of suppression. This matter, which is before the Court en banc after this Court granted reargument, raises an important question as to what police must do to obtain a knowing and voluntary consent to search by permission all or part of a...

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