Commonwealth v. Capriotti, Z.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 535 MAL 2021 :

Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : :

ZACHARY CLAYTON CAPRIOTTI, : :

Petitioner :

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.