Pa - Pa Con Law

Front 1

[Supremacy Clause]

3 things to state at the beginning on each PA Con law issue re: supremacy clause

Back 1

-Fed Const. is flood not ceiling

-States must rule on independent state grounds

-PA Constitutional history is unique and PA Con. came first

Front 2

[Main Case]

What case in PA Con Law is the most important?

Back 2

Edmunds

Front 3

[Main Case]

What does Edmunds require for all future PA Con Law cases?

Back 3

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

Front 4

[Search and Seizure]

What part of the PA Const. covers search and seizure?

Back 4

Art 1, sec. 8

Front 5

[Search and Seizure]

Bank Records rule

Back 5

i) No getting bank records w/o PC

ii) But CAN get records just for name and address

Front 6

[Search and Seizure]

Standing

Back 6

ANYONE charged with possession has standing to challenge a search

Front 7

[Search and Seizure]

Pen Registers

Back 7

Can’t monitor who you’re calling w/o a warrant

Front 8

[Search and Seizure]

Roadblocks for DUI checks

Back 8

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

Front 9

[Search and Seizure]

Blood Alcohol Tests

Back 9

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

Front 10

[Search and Seizure]

K-9 Sniffs

Back 10

i) Need PC to sniff PERSON

ii) Need “reasonable suspicion” for cars/things

Front 11

[Search and Seizure]

Good-Faith Warrant Exception

Back 11

Rejected – no good faith exception for facially invalid warrant

Front 12

[Search and Seizure]

Auto Searches

Back 12

Once in custody, absent exigent circumstances, can’t search automobile

Front 13

[Search and Seizure]

Discarding Drugs upon Flight

Back 13

Can’t use drugs discarded if didn’t have PC or RAS before to chase person

Front 14

[Search and Seizure]

Stops of Buses

Back 14

Can’t STOP bus, but can board a bus already stopped

Front 15

[Search and Seizure]

Radio Broadcasts

Back 15

Need INDEPENDENT GROUNDS or reason to know of radio broadcasts’ RELIABILITY to support a Terry stop based on info heard over police radio

Front 16

[Search and Seizure]

School Search

Back 16

i) Limited expectation of privacy in student lockers

ii) BUT NO random drug testing for extracurricular activities absent SPECIAL SHOWING OF NEED

Front 17

[Search and Seizure]

Knock and Announce

Back 17

Violation of knock and announce DOES lead to suppression

Front 18

[Miranda]

Under what PA Const. section do the Miranda warning fall?

Back 18

Art I, §9

Front 19

[Miranda]

Wired Informants

Back 19

Generally admissible, EXCEPT can’t send informant into home

Front 20

[Miranda]

Waiver

Back 20

But be EXPLICIT WAIVER

Front 21

[Miranda]

Juveniles

Back 21

i) Don’t get automatic right to consult adult (same as federal)

ii) BUT, it’s a factor in determining if waiver was KIV

Front 22

[Random Rights of the Accused]

Confrontation clause differences

Back 22

Tender years exception for kids to testify via CCTV

Front 23

[Random Rights of the Accused]

What PA section covers the Right to Counsel

Back 23

Art 1, sec 9

Front 24

[Random Rights of the Accused]

Right to Counsel & statements while in jail

Back 24

Statements to informants while in prison are suppressed

Front 25

[Random Rights of the Accused]

Forfeiture Proceedings

Back 25

DO get jury trials

Front 26

[Random Rights of the Accused]

Jury size

Back 26

12

Front 27

[Random Rights of the Accused]

ADDITIONAL ground in PA for double jeopardy

Back 27

Where the prosecutor undertook conduct prejudicial conduct to the Δ to deny fair trial in first instance

Front 28

[Random Rights of the Accused]

Victim Impact Statements during sentencing phase

Back 28

Doesn’t constitute cruel and unusual punishment under PA Constitution