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28 Cards in this Set
- Front
- Back
[Supremacy Clause]
3 things to state at the beginning on each PA Con law issue re: supremacy clause |
-Fed Const. is flood not ceiling
-States must rule on independent state grounds -PA Constitutional history is unique and PA Con. came first |
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[Main Case]
What case in PA Con Law is the most important? |
Edmunds
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[Main Case]
What does Edmunds require for all future PA Con Law cases? |
Must brief on:
i) Text of Con provision ii) History of provision *SAY PA CON HISTORY IS UNIQUE & CAME FIRST* iii) Case Law from other states iv) Policy considerations for PA |
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[Search and Seizure]
What part of the PA Const. covers search and seizure? |
Art 1, sec. 8
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[Search and Seizure]
Bank Records rule |
i) No getting bank records w/o PC
ii) But CAN get records just for name and address |
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[Search and Seizure]
Standing |
ANYONE charged with possession has standing to challenge a search
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[Search and Seizure]
Pen Registers |
Can’t monitor who you’re calling w/o a warrant
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[Search and Seizure]
Roadblocks for DUI checks |
i) IS okay, follows federal standard requiring random testing, purpose for safety
ii) Does not destroy randomness of testing to allow a group of cars to go by if traffic backup |
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[Search and Seizure]
Blood Alcohol Tests |
i) Okay if DONE PURSUANT TO STATUTE
ii) NOT okay if taken for a medical reason and police just obtain test results w/o warrant |
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[Search and Seizure]
K-9 Sniffs |
i) Need PC to sniff PERSON
ii) Need “reasonable suspicion” for cars/things |
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[Search and Seizure]
Good-Faith Warrant Exception |
Rejected – no good faith exception for facially invalid warrant
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[Search and Seizure]
Auto Searches |
Once in custody, absent exigent circumstances, can’t search automobile
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[Search and Seizure]
Discarding Drugs upon Flight |
Can’t use drugs discarded if didn’t have PC or RAS before to chase person
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[Search and Seizure]
Stops of Buses |
Can’t STOP bus, but can board a bus already stopped
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[Search and Seizure]
Radio Broadcasts |
Need INDEPENDENT GROUNDS or reason to know of radio broadcasts’ RELIABILITY to support a Terry stop based on info heard over police radio
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[Search and Seizure]
School Search |
i) Limited expectation of privacy in student lockers
ii) BUT NO random drug testing for extracurricular activities absent SPECIAL SHOWING OF NEED |
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[Search and Seizure]
Knock and Announce |
Violation of knock and announce DOES lead to suppression
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[Miranda]
Under what PA Const. section do the Miranda warning fall? |
Art I, §9
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[Miranda]
Wired Informants |
Generally admissible, EXCEPT can’t send informant into home
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[Miranda]
Waiver |
But be EXPLICIT WAIVER
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[Miranda]
Juveniles |
i) Don’t get automatic right to consult adult (same as federal)
ii) BUT, it’s a factor in determining if waiver was KIV |
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[Random Rights of the Accused]
Confrontation clause differences |
Tender years exception for kids to testify via CCTV
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[Random Rights of the Accused]
What PA section covers the Right to Counsel |
Art 1, sec 9
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[Random Rights of the Accused]
Right to Counsel & statements while in jail |
Statements to informants while in prison are suppressed
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[Random Rights of the Accused]
Forfeiture Proceedings |
DO get jury trials
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[Random Rights of the Accused]
Jury size |
12
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[Random Rights of the Accused]
ADDITIONAL ground in PA for double jeopardy |
Where the prosecutor undertook conduct prejudicial conduct to the Δ to deny fair trial in first instance
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[Random Rights of the Accused]
Victim Impact Statements during sentencing phase |
Doesn’t constitute cruel and unusual punishment under PA Constitution
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