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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 ...
Johnson v. United States, 333 U.S. 10 (1948), was a significant United States Supreme Court decision addressing search warrants and the Fourth Amendment.In this case, where federal agents had probable cause to search a hotel room but did not obtain a warrant, the Court declared the search was "unreasonable."
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.
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.
Open fields near Lisbon, Ohio. The open-fields doctrine (also open-field doctrine or open-fields rule), in the U.S. law of criminal procedure, is the legal doctrine that a "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution. However, "unless there is some ...
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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 ...
The death penalty is only applied when a defendant is guilty of first-degree murder. A separate hearing must take place for this defendant to be put on death row. If one of the ten aggravating circumstances listed in Pennsylvania law and none of the eight mitigating factors are found to be involved in the case, the verdict is death for the ...
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