Foltz v. Commonwealth

BEALES, J., with whom HALEY, J.,

joins, concurring.

While I agree that this Court should affirm appellant’s conviction, I believe that the best and narrowest ground for resolving this appeal is to address the Fourth Amendment issue that was presented to the trial court and to this Court on appeal. This Fourth Amendment issue was extensively briefed and argued by the parties in the trial court, and it was the issue that the trial court actually addressed in denying appellant’s motion to suppress. Furthermore, this same Fourth Amendment issue was the issue presented to this Court in appellant’s…