Com. v. Fulton – Warrantless Search

Warrantless search of Cell Phone/ Whether Independent Evidence Renders Constitutional Error Harmless 

Com. v. Fulton, 2016 WL 1708918 (Pa.Super. 2016) (Non-Precedential), allocatur granted, 10 EAP 2017

Issues: (1) Whether Superior Court’s opinion affirming the trial court’s denial of murder defendant’s motion to suppress all evidence derived from the warrantless search of defendant’s cell phone, is contrary to the United States Supreme Court’s decisions in Riley v. California, 134 S.Ct. 2473 (2014) and United States v. Wurie; and (2) whether Superior Court’s finding that denial of murder defendant’s motion to suppress all evidence derived from the warrantless search of defendant’s cell phone was harmless error is contrary to law because there was no independent evidence of guilt that was untainted, uncontradicted and overwhelming.

For more information, contact Kevin McKeon or Dennis Whitaker.