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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 ...
This is a list of former and current non-federal courthouses in the Commonwealth of Pennsylvania. Each of the 67 counties in the Commonwealth has a city or borough designated as the county seat where the county government resides, including a county courthouse for the court of general jurisdiction, the Court of Common Pleas. Other courthouses are used by the three state-wide appellate courts ...
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.
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 ...
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Today, a defendant who "fails to appear before a [federal] court as required by the conditions of release" or "fails to surrender for service of sentence pursuant to a court order" remains subject to criminal sanctions. [15] A court will use the following scheme to determine a defendant's punishment: [16]
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