Pa Con Law Distinctions

Front 1

Answering Bar Exam Questions Re: PA Con Law

Back 1

Note USC floor/minimum standard and that PA goes beyond the floor to give citizens more rights (w/o violating Supremacy clause)

Note Edmunds Factors = attorney M/brief and argue in cases raising constitutional issues:
- Text of applicable state constitution provision
- history of provision and relevant case law
- related case law from other states AND
- policy considerations including unique issues of state and local concern

Front 2

PA Search Warrants

Back 2

M/include adequate description and be based on PC, supported by oath or affirmation, subscribed to by affiant

Front 3

PA - Con Law - Bank Records

Back 3

Authorities c/n access w/ less than PC u/l statements and materials are submitted to insurance company, or it involves non-financial information given to the bank (i.e. name/address)

Front 4

PA - Con Law - Standing to Challenge S & S

Back 4

Automatic standing for possessory offenses to challenge FPT E admissibility

Front 5

PA - BAC Data

Back 5

Police c/obtain results when procured pursuant to statute

Violated when hospital gives officers results of BAT taken for MEDICAL purposes w/o warrant and not pursuant to statute

Front 6

PA Canine Sniffs

Back 6

Not a search under USC - but for PA:
- PC to sniff a person = search
- RS to sniff a place

Front 7

PA - Exclusionary Rule Exception

Back 7

Not valid in PA

Front 8

PA Automobile Searches

Back 8

USC = d/n matter/can conduct full search if officer has PC

PA = police c/n conduct warrantless car search u/l EC pursuant to arrest - and not after occupants are out of the car and in custody
- EC = loaded gun in running car, regardless of occupants in the car

Front 9

PA - Stops and Fleeing Suspects

Back 9

If police lack PC to arrest - or RS to stop and Terry Frisk, then any contraband discarded by fleeing suspect is inadmissible E as FPT

Front 10

PA - Bus Stops

Back 10

Prohibits random bus stops for purposes of conducting drug investigation - M/h PC or RS

BUT police c/board an already stopped bus to investigate

Front 11

PA Police Radio Broadcasts

Back 11

Cannot be used to justify a stop and frisk UNLESS officer can establish that the information obtained over the broadcast was reliable OR had an independent basis for establishing RS of criminal activity

Front 12

PA School Locker Searches

Back 12

Students have limited REP

Public HS officials c/use drug sniffing dogs for "surprise safety checks" of lockers

Police c/use hand-held metal detectors to search students for weapons upon entry of the building

Drug and alcohol testing of HS students c/n/b imposed as a condition of extra-curricular activities and driving privileges

Front 13

PA Anticipatory Search Warrants

Back 13

Warrants based on affidavit indicating E w/b found in place to be searched some time in the future are permissible

Front 14

PA Knock and Announce

Back 14

Police M/knock and announce their presence before executing a search warrant, unless EC

E obtained in violation of KAA likely inadmissible

Front 15

PA Investigative Stops

Back 15

Unprovoked flight at police approach is a permissible factor in deciding if RS existed to justify an investigative stop

Front 16

PA - Particularity of Warrants

Back 16

More specificity required than USC

Actual and reasonable particularity is required sufficient to limit gov't discretion in executing warrant

Front 17

PA Electronic Surveillance

Back 17

Conversations recorded by wired informant or officer using electronic equipment are admissible - including recorded phone calls and patients' recordings during doctor visit

Police CANNOT send informant to a person's home to record conversations and relay them

Front 18

PA Miranda Warnings

Back 18

Waiver M/b Explicit

Cannot use silence at time of arrest to impeach D at trial

Juvenile/Interested Adult Rule
- evaluate a juvenile's ability to competently waive constitutional rights under totality of circumstances
- opportunity to consult w/ an interested adult is one factor

Front 19

PA Rights of Accused in Criminal Proceedings

Back 19

Right to confront Ws; child testimony permitted by CCT/video

Right to counsel - violated by admission of statements made by D to a fellow inmate who turns out to be jailhouse informant

Trial by Jury = guaranteed; 12 people if so requested
- right to poll jury after verdict in criminal case

Front 20

PA Double Jeopardy

Back 20

Prohibits retrial when P misconduct was intended to provoke D into moving for mistrial AND

When conduct of P is intentionally undertaken to prejudice D to point of denial of fair trial