Com. v. Howard (concurring)
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J-S01004-13 2013 PA Super 56 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. MICHAEL L. HOWARD, Appellant No. 2859 EDA 2011 Appeal from the Judgment of Sentence of September 23, 2011, in the Court of Common Pleas of Philadelphia County, Criminal Division at No. CP-51-CR-0002767-2010 BEFORE: BENDER, LAZARUS and COLVILLE*, JJ. CONCURRING OPINION BY COLVILLE, J.: Filed: March 19, 2013 I agree that Appellant is not entitled to relief; however, I would address his appellate issues as follows. Appellant s first issue is a challenge to the warrantless search of his person. That search was conducted pursuant to his arrest. A search incident to a lawful arrest is a specifically established and well-delineated exception searches. to the Fourth Amendment prohibition against warrantless In the Interest of O.A., 717 A.2d 490, 495 (Pa. 1998). Appellant does not challenge the legality of the arrest. Appellant s first issue is without merit. _________________ *Retired Senior Judge assigned to the Superior Court. Accordingly, J-S01004-13 Appellant s second issue is a challenge to the search of his property. That search was conducted pursuant to a search warrant. Appellant does not challenge the legality of the search warrant. Accordingly, this issue is also without merit. For these reasons, I would affirm the judgment of sentence. Thus, I concur. -2-
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