Police were entitled to perform a warrantless gunshot residue swab on appellant's hands pursuant to the search-incident-to-arrest exception, as the swab did not unreasonably intrude upon appellant's diminished expectation of privacy while under arrest. Judgment of sentence affirmed.
September 23, 2016 at 12:00 AM
1 minute read
Warrantless Residue Test on Suspect’s Hands • Motion to Suppress • Exigent Circumstances • Search Incident to Arrest
Commonwealth v. Simonson, PICS Case No. 16-1159 (Pa. Super. Sept. 12, 2016) Olson, J. (18 pages).
Police were entitled to perform a warrantless gunshot residue swab on appellant’s hands pursuant to the search-incident-to-arrest exception, as the swab did not unreasonably intrude upon appellant’s diminished expectation of privacy while under arrest. Judgment of sentence affirmed.
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