Commonwealth v. Price

In Commonwealth v. Price, the Pennsylvania Superior Court reversed a trial court’s order that suppressed evidence recovered during a search of the defendant’s cell phone. The Commonwealth sought and was granted a warrant. But the affidavit of probable cause supporting the warrant contained scant facts establishing probable cause. However, the Court ruled that the inevitable discovery doctrine permitted admission of the evidence because law enforcement had evidence — not shared in the affidavit of probable cause — that the defendant “had used his cell phone to communicate with Scott before the homicides, and that the police learned his cell phone number by interviewing the suspects.” The Court’s opinion is remarkably short and virtually impossible to reconcile with Commonwealth v. Johnson.

Price