Commonwealth v. Shiflet

OPINION OF THE COURT

CAPPY, Justice.

In this appeal we must consider whether the search incident to arrest exception to the warrant requirement of Article I, Section 8 of the Pennsylvania Constitution and the Fourth Amendment to the United States Constitution can justify a warrantless search and seizure of Appellee’s purse, when Appellee was not arrested and there was neither probable cause nor an articulable suspicion that Appellee was involved in criminal activity. We' find that the search incident to arrest exception clearly does not apply to the facts of this case, and therefore affirm the…