Cable v. Anthou

While I agree with my esteemed colleagues that the the trial court erred by awarding Appellee an additional buccal *558swab paternity test without proof by a preponderance of the evidence that the initial test was defective, I must dissent from the Majority’s interpretation of DeAngelo v. Murray, 536 Pa. 206, 638 A.2d 966 (1994).

The Majority states that the Supreme Court did not consider the Fourth Amendment interest in reaching its decision in DeAngelo. DeAngelo cites Koleski v. Park, 363 Pa.Super. 22, 525 A.2d 405 (1987), which stated:

The Fourth Amendment to the Constitution of the United…