*1 IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 411 EAL 2016

: Respondent : : Petition for Allowance of Appeal from : the Order of the Superior Court v. :

: : I. DEAN FULTON, :

: Petitioner : 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.