By Burt Rose
Click for Opinion
In Commonwealth v. Wright, 2014 WL 4258810, August 29, 2014, a panel of the Superior Court reviewed a suppression order granted by the court of common pleas of Allegheny County. The panel was composed of judges Bowes, Wecht and Stabile. Judge Stabile wrote the opinion. Judge Bowes dissented.
The issue was whether the lower court had erred in granting the defendant’s motion to suppress his cell phone and its contents. The Court ruled that the lower court had correctly determined that there was no justification for the search even though the detective in this murder case testified that he expected that incriminating data would be recovered from the phone “based on my experience” as this was conjecture.