COMMONWEALTH of Pennsylvania, Appellee, v. Edwin LABRON, Appellant.
Supreme Court of Pennsylvania.
Submitted Aug. 6, 1996. Decided Feb. 26, 1997.
690 A.2d 228
OPINION ANNOUNCING THE JUDGMENT OF THE COURT
ZAPPALA, Justice.
This case is before us on remand from the United States Supreme Court for further proceedings not inconsistent with its per curiam opinion, Pennsylvania v. Labron, 518 U.S. 938, 116 S.Ct. 2485, 135 L.Ed.2d 1031 (1996).
We issued an opinion in this matter on December 29, 1995, which details the factual and procedural history of the case. Commonwealth v. Labron, 543 Pa. 86, 669 A.2d 917 (1995). We held that evidence obtained from a warrantless search of an automobile was properly suppressed. The United States Supreme Court summarily reversed our decision, along with Commonwealth v. Kilgore, 544 Pa. 439, 677 A.2d 311 (1995), holding that the warrantless searches of the automobiles did not violate the Fourth Amendment to the United States Constitution because probable cause was established. The Court further stated that “[t]he law of the Commonwealth thus appears to us ‘interwoven with the federal law, and . . . the adequacy and independence of any possible state law ground is not clear from the face of the opinion.’ ” 518 U.S. at 941, 116 S.Ct. at 2487, citing Michigan v. Long, 463 U.S. 1032, 1040-1041, 103 S.Ct. 3469, 3476-3477, 77 L.Ed.2d 1201 (1983).1
Having determined that Labron preserved his state constitutional claim before the suppression court and that our previous decision rests on independent state grounds, we reinstate our previous order reversing the order of the Superior Court.
CASTILLE, J., files a dissenting opinion in which NEWMAN, J., joins.
NIGRO, J., concurs in the result.
I respectfully dissent on the basis of my dissenting opinion in Commonwealth v. Labron, 543 Pa. 86, 669 A.2d 917 (1995), rev‘d, 518 U.S. 938, 116 S.Ct. 2485, 135 L.Ed.2d 1031 (1996).
NEWMAN, J., joins this Dissenting Opinion.
