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The Court established that Pa. Const. art. I, § 8 afforded greater protection to Commonwealth citizens than the Fourth Amendment, U.S. Const. amend. IV, and reaffirmed that the Pennsylvania Constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of an automobile. [4] [5]
Franks v. Delaware, 438 U.S. 154 (1978), is a United States Supreme Court case dealing with defendants' rights to challenge evidence collected on the basis of a warrant granted on the basis of a false statement. The court held that where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
To apply for a search warrant, the application itself has to show that the detective has probable cause to a) believe a crime has been committed and b) believe evidence of the crime will be found ...
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law ...
Age: 73 Occupation: District Judge Pro Tem Past positions: District Court Judge 1991-2013, District Attorney 1981-1989 Where did you earn your law degree? Washburn University School of Law. Phone ...
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