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COMMONWEALTH of Pennsylvania, Respondent v. Thomas S. BELL, Petitioner

Supreme Court of Pennsylvania2018-04-05No. No. 707 MAL 2017
183 A.3d 978

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Opinion

majority opinion

PER CURIAM.

AND NOW, this 5th day of April, 2018, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Whether § 1547(e) of the Vehicle Code, 75 Pa.C.S. § 1547(e), is violative of Article 1 Section 8 of the Pennsylvania Constitution and the Fourth Amendment to the United States Constitution to the extent that it permits evidence of an arrestees refusal to submit a sample of blood for testing without a search warrant as proof of consciousness of guilt at the arrestees trial on a charge of DUI?