Cases Departing from Federal Minimum Flashcards
What does the court say about the privacy of bank records? What about non financial personal information held by a bank?
+Cases
The privacy notion embodied in Article I, Section 8 prohibits authorities from gaining access to a depositor’s bank (financial) records on less than probable cause. COMMW. v. DEJOHN
No expectation of privacy in such information. COMMW. v. DUNCAN.
A person has standing to challenge a search and seizure if one of the following four things are true? (Automatic Standing Doctrine)
+Case
He was present at the time of the search;
He has a possessory interest in the evidence improperly seized;
Possession is an essential element of the prosecution’s case; OR
He had a proprietary interest in the premises search.
COMMW. v. PATTERSON.
What is the rule regarding pen registers? + Case
The use of pen registers and dialed number recorders to monitor incoming or outgoing phone numbers dialed violated the privacy notion of Article I, Section 8 of the state constitution.
COMMW v. BEAUFORD
When can police obtain a person’s blood alcohol data? When can it not? (+ Case)
When obtained pursuant to a statute.
When blood was given strictly for medical purposes. COMMW v. SHAW
Do canine sniffs constitute a search? + Case
Yes. COMMW v. JOHNSTON
When a canine sniff is of a person, what sort of cause is needed? When it is a place?
Probable cause for person. CW v. MARTIN
Reasonable suspicion for place. CW v. MARTIN
What did EDMUNDS reject? Why?
The good faith exception to the exclusionary rule set forth in US v. LEON, due to the heightened privacy notion in PA Article I, Section 8.
When may the police officer collect evidence discarded by a fleeing suspect? + Case?
When he has probable cause to arrest OR
Reasonable suspicion for stop and individual and conduct a Terry Frisk.
CW v. MATOS
What is the rule regarding the stop and search of a bus? +Case
When is such a search permissible? +Case
A.1, S.8 prohibits the RANDOM stop of a passenger bus to conduct a drug search in the absence of reasonable suspicion or probable cause. CW v. POLO
OK when boarding with driver’s permission during scheduled stop with explanation. Speak to each passenger.
When may an officer use information gathered on police radio to perform a stop and frisk? +Case
When the officer is able to establish that the information is reliable OR the officer has an independent basis for establishing reasonable suspicion that criminal activity is afoot.
CW v. HAWKINS
If a school wants to perform random drugs and alcohol tests of its students, what must it show? +Case
A specific need for the policy and a basis for believing that the policy would address that need.
THEORDORE v. DEL VAL SD
In PA, police must knock and announce their presence before executing a search warrant absent exigent circumstances. T or F?
Case?
True
CW v. Carlton
What is wrong with a warrant that describes a defendant as “John Doe Steve, white male, 30’s, unknown address”? + Case
Not specific enough. Must describe the person “as nearly as they may be.”
CW v. LAVENTURE
What is the rule regarding police surveillance in the home?
Both audio (CW v. BRION) and video (CW v. DUNNAVANT) recordings in the home are violative of A.I, S.8, as they are considered an invasion of privacy.
Authorities need what to access someone’s financial record?
Probable cause
PA does/doesn’t follow the federal case that abolished automatic standing for possessory offenses.
Doesn’t
Though PA doesn’t follow the federal case that abolished automatic standing for possessory offenses, what is still required?
Expectation of privacy
For cases departing from the federal floor, begin your answer by saying that . . .
In many cases, Pennsylvania Courts have held that found that Article I, Section 8 of the PA Constitution sets forth a heightened notion of privacy as compared to the U.S. Constitution.
Does an individual have a right, when consenting to have his blood tested for drugs and alcohol following a traffic accident, to be informed by police that the test results could be used against him?
No, as long as, in the totality of the circumstances, a reasonable person would have contemplated the potentiality of the results being used for criminal, investigative, or prosecutorial purposes
If an officer lacks either probable cause to arrest or reasonable suspicion to stop and conduct a Terry frisk, contraband discarded by a fleeing suspect are considered . . .
Fruits of an illegal search
