Commonwealth v. Rivera , 273 Pa. Super. 105 ( 1979 )

VAN der VOORT, Judge,

dissenting:

I respectfully disagree with the majority. United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977) at 433 U.S. 14, 97 S.Ct. 2485, provides that a warrantless search of the immediate area may be made pursuant to a custodial arrest not only to protect the police officers from the threat of hidden weapons, or to prevent the destruction of evidence, but also to prevent the chance that “evidence may be concealed.”

Thus, I would hold that as long as the complained of search is made of the immediate area within the arrestee’s control, and is contemporaneous with the arrest, the search is valid.

I would affirm the judgment of sentence.