Commonwealth, Aplt v. James, D. (concurring)

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[J-41-2012] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellant : : : v. : : : DARRELL TYRONE JAMES, : : Appellee : : : : No. 34 WAP 2011 Appeal from the Order of the Superior Court entered November 10, 2010 at No. 2140 WDA 2008, vacating the Judgment of Sentence of the Court of Common Pleas of Allegheny County entered November 25, 2008 and the Order entered October 22, 2008 at No. CP-02-CR0011630-2007 and remanding. 12 A.3d 388 (Pa.Super. 2010) ARGUED: April 10, 2012 CONCURRING OPINION MR. JUSTICE McCAFFERY DECIDED: May 29, 2013 I agree with the Majority s disposition and join it in its entirety. I write separately and respectfully only to briefly note my belief that the phrase trash pull is accepted police jargon, recognized by Pennsylvania jurisprudence as describing the investigation of discarded trash. See Commonwealth v. Washington, 858 A.2d 1255 n.5 (Pa.Super. 2004) (noting that a trash pull is the investigation of discarded trash from a residence. ) (emphasis added). The lower courts, in my view, should have noticed and accepted this definition, which would have corroborated and validated the challenged fact without the necessity of re-opening the suppression hearing to question the detective regarding the location of the trash.

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