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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 ...
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.
Deputy U.S. Marshals during a knock-and-announce procedure. Knock-and-announce, in United States law criminal procedure, is an ancient common law principle, incorporated into the Fourth Amendment, [1] which requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door prior to a search.
Getting a search warrant begins in a police department and ends with a specific, restricted list of items allowed to be seized on a specific property.
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 ...
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 ...
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.
Kennedy's decision stated that there remained two issues that the Supreme Court remanded back to the lower courts: whether Long had probable cause to search the car in the first place and whether Byrd "intentionally used a third party as a straw man in a calculated plan to mislead the rental company from the very outset, all to aid him in ...