Commonwealth v. Fulton, I., Aplt.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE DONOHUE

In this discretionary appeal, we consider the permissible scope of a warrantless search of a cell phone by police and the confines of the harmless error doctrine. Specifically, we must determine whether powering on a cell phone to gather evidence, without a warrant, violates the Fourth Amendment to the United States Constitution 1 and Article I, Section 8 of the Pennsylvania Constitution, 2 and, if so, whether the decision to allow the Commonwealth to present evidence obtained as a result of the warrantless…