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In the Interest of D.S.

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


March 30, 2011

IN THE INTEREST OF D.S., A MINOR,

Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

AND NOW, this 30th day of March 2011, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is:

Did the Superior Court abuse its discretion when it upheld Petitioner's adjudication of delinquency for having violated 18 Pa.C.S. § 4914's ban on lying to police officers about identity, notwithstanding the lack of proof that the plainclothes police officers identified themselves as police and announced that they were conducting an official investigation, based on the conclusion that the proof of either element was unnecessary when the detainee knows he is dealing with the police and that they are conducting an official investigation?

Madame Justice Orie Melvin did not participate in the consideration or decision of this matter.

20110330

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