Legal Opinion · Dissent

Commonwealth v. Shaffer, J., Aplt.

Supreme Court of Pennsylvania

Decided June 18, 2019No. 16 WAP 2018Published

1Dissent

JUSTICE WECHT, Concurring and Dissenting

I concur only in the result that today's learned Majority reaches. The Majority chooses to invoke our discretionary authority to affirm an order upon any basis, and does so on the basis of the "private search" doctrine.1 I would address instead the question of abandonment of privacy, which is the issue upon which this Court granted allocatur . As applied to these facts, this abandonment issue happens to resolve here in the Commonwealth's favor. Accordingly, I would affirm the judgment of sentence, and I join the Majority only insofar as it reaches the…

2Cases cited28 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. United States v. JacobsenSupreme Court of the United States · 1984
  4. Smith v. MarylandSupreme Court of the United States · 1979
  5. United States v. JonesSupreme Court of the United States · 2012

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