Commonwealth v. Bell, T.

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
M.D. Appeal Dkt.
11 MAP 2018
COMMONWEALTH OF PENNSYLVANIA, : No. 707 MAL 2017
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
THOMAS S. BELL, :
:
Petitioner :
ORDER
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
arrestee's refusal to submit a sample of blood for testing
without a search warrant as proof of consciousness of guilt at
the arrestee's trial on a charge of DUI?