Yates v. Township of McKean
931 A.2d 639
Pa.
2007
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*1 436 lead reason- to the home can never to a

police request enter authority” person “apparent able conclusion that that had the authority I that to that Nor do actual suggest make decision. police to individuals for the must have been these delegated However, where an individual conclusion to be reasonable. of know is not the resident permanent the owner or police who door, that she is only the and he or home answers the asserts investigation required “in I find that more is charge,” would before a reasonable and additional information is needed “apparent be as to the individual’s conclusion can reached authority.” reasons,

For these I dissent. joins BAER this dissenting opinion. Justice

931 A.2d 639 Dombrowski, and John L. John YATES v. McKEAN, County, Pennsylvania, Erie Edward OF TOWNSHIP Township Hess, Guckes, Supervisor, Supervisor, James McKean Member, Wheeling, Authority, Hughes, Michael Sewer Karl Member, Riechert, Member, Dedrick, Eric an Individ Elizabeth Individually. ual, Hess, and Edward Appeal Hess, Individual of Edward Dedrick,

and Eric Individual. Supreme Pennsylvania. of Court 26, Sept. 2007. 437 ORDER PER CURIAM. NOW,

AND this 26th day 2007, of September, the of Order the Court of Common Pleas of County Erie is affirmed.

Chief Justice CAPPY files a concurring statement.

Justice EAKIN files a concurring statement. CAPPY,

Chief Justice concurring. join I the in Court its per curiam Although order. I joined previously Mr. Justice Eakin in his dissenting opinion in Burger v. School Board District, the McGuffey School of (2007), 923 A.2d 1155 that case now stands as a majority precedent Court, in therefore, this and stare decisis in this instance. EAKIN,

Justice concurring. I join the per curiam affirmance. While I remain of the opinion expressed in my dissent in Burger v. School Board of the District, McGuffey School 1155, (2007) 923 A.2d 1167 (Eakin, J., dissenting), I recognize the precedential value of Burger’s majority.

931 A.2d 640 LOWER MERION DISTRICT, Appellant, SCHOOL

v. Doe, Student DOE Appellees. and Parents Supreme Pennsylvania. Court of 5,

Argued Dec. 2006. 26, Sept. Decided 2007.