Commonwealth v. Santiago

OPINION BY

BENDER, P.J.E.:

The Commonwealth appeals from the order granting Appellee’s, Angel Santiago, motion to suppress the in-court and out-of-court identification testimony of a police officer who, in violation of the Fourth Amendment to the United States Constitution and Article 1 § 8 of the Pennsylvania Constitution, conducted a warrantless search of Appellee’s cell phone in order to ascertain his identity. The Commonwealth argues that a defendant’s identity is never suppressible, and that, as a result, eyewitness identification testimony is, categorically, never suppressible. After…