Cases Adopting the Federal Minimum Flashcards
What test does PA use for analyzing whether probable cause exists for search warrants based on info received from confidential informants? Case?
Totality of the circumstances
CW v. GRAY
Do DUI roadblocks violated PA’s prohibition against unreasonable searches and seizures? Case?
No.
CW v. TARBERT
Can police suspend a DUI roadblock to alleviate traffic or does it violate the prohibition against permitting officers unfettered discretion when determining whether to stop vehicles at a checkpoint? Case?
Can suspend.
CW v. WORTHY
Why can school’s use drug sniffing dogs to perform a surprise “safety check” of student lockers? Case?
Because students only have a limited expectation of privacy at school
CW v. CASS
Why can police use hand-held metal detectors to search students for weapons while they enter a school building? Case?
Because students only have a limited expectation of privacy at school
IN RE FB
When is an “anticipatory” search warrant (i.e., one based on an affidavit indicating that evidence will be found at the place to be searched some time in the future) ok? Case?
When the factual averment contained in the affidavit is reliable and probative with respect to the likelihood that evidence will be found at the place to be searched when the warrant is executed.
CW v. GLASS
Is the “plain touch” exception (allowing officers to use their sense of touch to detect items during patdown) to the warrant requirement permitted under A.I, S.8 in PA? Case?
Yes
CW v. ZHAHIR
What case permits unprovoked flight at the approach of the police to be considered a factor in deciding whether reasonable suspicion exits to justify an investigative stop?
IN RE DM
When an officer simply requests an ID, does that interaction rise above a mere encounter, triggering the protections of the 4th And and A.I, S.8? Case?
No
CW v. LYLES
What must an officer do to cause an encounter with a citizen to rise to the level of an investigatory detention, thus triggering the 4th And and A.I, S.8 protections? Case?
Take steps to either suggest detention or restrict the individual’s freedom of movement.
CW v. LYLES
When may an officer search a vehicle? What is the only exigency required? Case?
Probable cause.
Inherent mobility of the vehicle
CW v. GARY
Do landowners lack a reasonable expectation of privacy with respect to fields and woods outside their curtilage? Case?
Yes. No expectation of privacy
CW v. RUSSO
Does A.I, S.8 protect an individual from conversations recorded by a wired informant or officer using electronic equipment? Why or why not? Case?
No.
No reasonable expectation of privacy.
CW v. BLYSTONE
How can a conversation between a doctor and patient in the doctor’s office be admissible? Case?
If the patient/informant consents to recording.
CW v. ALEXANDER
Can a telephone recording, initiated by an agent of the CW, be admissible? What if it lacks probable cause to record? Case?
Yes
Yes
CW v. REKASIE
