Com. of Pa. v. Romero

JUSTICE MUNDY, Concurring

I join Part II(A) of the Opinion regarding the resolution of the factual consent issue in full and agree the Superior Court misapplied its standard and scope of review. See Op. at 377-78. I further agree with a significant portion of the lead opinion's reasoning as well as its mandate to remand to the trial court to give the Commonwealth the opportunity to introduce the arrest warrant to ascertain whether it provided a basis for the search of Appellants' home. I write separately to explain how my analysis differs from the lead opinion's.

As the lead opinion observes,…