Com. v. Rawlings, D. ( 2020 )

J-S24014-20
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
DAMEON RAWLINGS, :
:
Appellant : No. 2638 EDA 2019
Appeal from the Judgment of Sentence Entered September 29, 2017
in the Court of Common Pleas of Bucks County
Criminal Division at No(s): No. CP-09-CR-0007291-2016
BEFORE: BENDER P.J.E., STABILE, J. and STRASSBURGER, J.*
CONCURRING STATEMENT BY STRASSBURGER, J.: Filed: July 30, 2020
I join the Memorandum of the learned Majority. I write separately
only to caution the reader that this memorandum should not be considered a
salvo against the exclusionary rule.
Appellant alleges that the Commonwealth erred in failing to file the
search warrant with the Bucks County Clerk of Courts. Relying on
Commonwealth v. Rucci, 670 A.2d 1129 (Pa. 1996), we hold today that a
good faith violation of a non-constitutional technical Rule of Criminal
Procedure does not warrant exclusion. This is a far cry from holding that the
fruits of an unconstitutional search should be excluded if the police acted in
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S24014-20
good faith. There is no good faith exception to the exclusionary rule in
Pennsylvania. Commonwealth v. Carper, 172 A.3d 613 (Pa. Super.
2017).
PJE Bender joined in this concurring statement.
Judge Stabile joined in this concurring statement.
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