Search and seizure law in Pennsylvania

The law of search and seizure in Pennsylvania is controlled by both the United States Constitution and the broader protections of the Pennsylvania Constitution. This article is concerned only with the protections provided by the Pennsylvania Constitution.

Overview

Police officers and other law enforcement officials are limited in the means of investigation that they may utilize. That is, the law limits the ways in which police officers can investigate and arrest criminals. In the event a law enforcement official violates these rules, evidence obtained may be suppressed, which essentially means that the prosecution may not use the evidence in court to convict a defendant of the crime charged. Successful suppression of evidence often means the Prosecution will not be able to make out the charges, and the Defendant gets to go home. This article provides an overview summary of some of the major topics in Pennsylvania search and seizure jurisprudence.

Relationship between the U.S. Constitution and the Pennsylvania Constitution

The US Supreme Court's interpretation of the Fourth Amendment do not control the Pennsylvania Supreme Court's interpretation of the protections under Article I § 8 of the Pennsylvania Constitution. See, e.g., Commonwealth v. Edmunds, 586 A.2d 887 (1991). In fact, Federal Fourth Amendment decisions establish the constitutional floor, but Pennsylvania is free to offer heightened protections to her citizens.[1]

The "Reasonable Expectation" of Privacy

In order for a person to receive protection under Article I § 8 (and the Fourth Amendment), (1) that person must have exhibited a subjective, expectation of privacy and (2) that expectation must be one that society is prepared to recognize as reasonable. See Katz v. United States, 389 U.S. 347 (1967); Commonwealth v. Lowery, 451 A.2d 245 (Pa. Super. Ct. 1982). It is the Defendant's burden to establish his or her privacy interest; after the privacy interest is established, the Commonwealth then needs to show that the subject evidence was not illegally obtained. Commonwealth v. Millner, 888 A.2d 680 (Pa. 2005); Commonwealth v. Perea, 791 A.2d 427 (Pa. Super. Ct. 2002).

Vehicles

On 30 April 2014, the Supreme Court decided with a 4-2 margin that Pennsylvania police would no longer need a search warrant to search the vehicles of citizens, so long as the police have probable cause to do so.[2][3]

See also

References

  1. ↑ "Full Pennsylvania Constitution". Dusquesne University. Retrieved 2010-07-03.
  2. ↑ "Supreme Court: Pennsylvania cops no longer need a warrant to search citizens’ vehicles" 30 Apr 2014
  3. ↑ "Commonwealth of Pennsylvania v. Shiem Gary"

External links

This article is issued from Wikipedia - version of the Sunday, November 15, 2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.