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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]
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
An arrest warrant is an "outstanding arrest warrant" when the person named in the warrant has not yet been arrested. A warrant may be outstanding if the person named in the warrant is intentionally evading law enforcement , unaware that there is a warrant out for their arrest, the agency responsible for executing the warrant has a backlog of ...
In Arizona v. 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.
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.
Brandon “Bam” Margera has turned himself in to Pennsylvania state police after a warrant for his arrest went out on Monday, April 24 following a “physical confrontation.” As reported by ...
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