Commonwealth v. Capriotti, Z. - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. ZACHARY CLAYTON CAPRIOTTI, Petitioner : No. 535 MAL 2021 : : : Petition for Allowance of Appeal : from the Order of the Superior Court : : : : : : ORDER PER CURIAM AND NOW, this 23rd day of February, 2022, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is: Whether the Superior Court erred in its application of the “silver platter” exception to the exclusionary rule, where police retrieved evidence of criminality after accepting a non-occupant’s invitation into a residence to retrieve items discovered by the non-occupant during a prior search? This question necessarily implicates the legality of the non-occupant’s invitation, which the parties should address factually and legally, as they have in the courts below.

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