Supreme Court of Pennsylvania December 29, 1995, 34 Middle District Appeal Docket 1994 (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,

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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