Com. of Pa. v. R.W. Wright, Aplt. (Concurring Opinion)

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[J-43-1999] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : RANDOLPH W. WRIGHT, : : Appellant : : : MR. JUSTICE NIGRO 64 W.D. Appeal Dkt. 1998 Appeal from the Order of the Superior Court at No. 1096PGH97 on April 30, 1998, affirming the Order of the Court of Common Pleas of Westmoreland County, Criminal Division, at Nos. 387OC & 3871C 1995 on March 27, 1997. ARGUED: March 9, 1999 DECIDED: DECEMBER 23, 1999 CONCURRING AND DISSENTING OPINION I fully agree with the majority s analysis regarding the constitutionality of the search at issue in this case. However, I am compelled to dissent as I believe the admission of the gun, obtained during the unconstitutional search of Appellant s home, was harmless error given the overwhelming evidence of Appellant s guilt.

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