Opinion
No. 707 MAL 2017
04-05-2018
COMMONWEALTH of Pennsylvania, Respondent 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?