
    COMMONWEALTH of Pennsylvania, Respondent v. I. Dean FULTON, Petitioner
    No. 411 EAL 2016
    Supreme Court of Pennsylvania.
    January 23, 2017
   ORDER

PER CURIAM

AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to the remaining issue. The issues, as stated by Petitioner, are:

a. The Superior Court’s opinion is contrary to Riley/Wurie which held that the warrantless search of a flip top cell phone is prohibited without any expectation for minimal intrusion.
b. The Superior Court’s opinion is contrary to this Court’s opinion in Story and La Rosa which held that a constitutional error cannot be harmless unless there is independent evidence that is untainted, uncontradicted and overwhelming..

Justice Mundy did not participate in the consideration or decision of this matter.  