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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 ...
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.
Investigators must normally obtain a court-issued warrant before seizing property, by presenting enough evidence to a magistrate judge to meet the probable cause requirement. [13] When using the plain view doctrine, investigators must possess the evidence needed to meet the probable cause requirement, as they are only exempt from the step of ...
A search warrant released Tuesday contains details of the early-morning search on Dec. 30 at the home of Bryan Kohberger’s parents, where he was arrested.
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The Pennsylvania Office of Open Records is a governmental agency in Pennsylvania that administers the Pennsylvania Right to Know Law. [ 1 ] Decisions made by the Office of Open Records regarding appeals, called "final determinations," are available online.
A reverse search warrant is a type of search warrant used in the United States, in which law enforcement obtains a court order for information from technology companies to identify a group of people who may be suspects in a crime. They differ from traditional search warrants, which typically apply to specific individuals.
The search warrant application was filed in Pennsylvania’s Monroe County court on 29 December, the day before Mr Kohberger’s arrest. It approves a search of the family residence, the adjacent ...
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