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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]
Police are not required to conduct a search in a way that gives the individual an opportunity to revoke consent, as determined in United States v. Rich , where the U.S. Court of Appeals for the Fifth Circuit rejected the argument that "officials must conduct all searches in plain view of the suspect, and in a manner slowly enough that he may ...
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.
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Unlike other states, Pennsylvania does not use county sheriff's offices to patrol areas without local police, and so the PSP covers areas without local police departments. As of 2016 [update] 1,287 municipalities in the state used the PSP as their only local law enforcement. [ 6 ]
Pennsylvania's Supreme Court ruled Tuesday that the state police can't hide from the public its policy on how it monitors social media. The law enforcement agency had argued that fully disclosing ...
Hicks, the police officers were in the apartment under another exception to the warrant requirement, exigent circumstances. This qualified as a lawful entry, and the plain view doctrine applied to items that the officers could see in the apartment and readily identify as contraband or evidence without further search.
The city, its police department and federal officials reached a court-enforceable agreement known as a consent decree, the Justice Department announced this week. The agreement aims to prevent ...