Pa Con law 2

Question 1

Police radio broadcasts

Answer 1

Federal rule: Broadcasts can supply probable cause/reasonable suspicion

ii. PA RULE: Info from police radio broadcast may NOT be used to justify stop and frisk UNLESS: 1) Officer can establish that the info in the broadcast is reliable, OR 2) Independent basis exists for reasonable suspicion of criminal activity

Question 2

School Drug Testing

Answer 2

i. Federal rule: CAN test for drugs as condition of participation in extracurriculars
ii. PA RULE: May NOT condition participation in extracurriculars on drug/alcohol testing UNLESS: 1) Actual showing of specific need for such a policy (i.e. drug problem), AND 2) Basis for believing policy would address need

Question 3

Knock and Announce

Answer 3

i. Federal rule: NO exclusion for knock and announce violations ii.

PA RULE: Failure to knock and announce (absent exigent circumstances) violates PA Constitution and evidence is excluded

Question 4

Particularity of Warrant

Answer 4

i. Federal standard: “Mere specification of all information available”
ii. PA STANDARD: More specificity required 1) Art. I § 8 requires “describing [circumstances] as nearly as can be” 2) “Actual reasonable particularity” requirement limits government discretion

Question 5

Surveillance in the home

Answer 5

i. PA RULE: May NOT send wired informant into D’s home to electronically record conversation 1) Includes use of silent video camera 2) Rationale: Heightened privacy interest in the home ii. Federal law less concerned with the privacy of the home

Question 6

Protective Search During Drug Bust

Answer 6

i. PA rejects “guns follow drugs” presumption 1) RULE: Officers may NOT search effects of those present merely because they’re on the premises for a narcotics search ii. TEST: “totality of the circumstances” to determine whether there’s reasonable suspicion to search for weapons

Question 7

Pa Adopts the Federal Minimum in?

Answer 7

1. Informants 2. Roadblocks 3. School Locker Searches 4. Anticipatory Search Warrants 5. Plain touch exception 6. Plain Touch exception 7. Investigative stops. 8. Mere Encounters 9. Automobile searches. 10. Open Fielnds

Question 8

Miranda Waiver

Answer 8

i. Federal rule: Explicit waiver not required
ii. PA RULE: Waiver of Miranda rights MUST be explicit in order to be effective 1) “Explicit” = a nod, a writing, etc.

Question 9

Silence to impeach Credibility

Answer 9

i. Federal rule: Silence at time of arrest can be used to impeach D’s trial testimony
ii. PA RULE: D’s silence at time of arrest MAY NOT be used to impeach (assuming not implicated by amendment to Article I, Section 9). 1) Post-amendment: D’s “statements” can be used to impeach, but silence most likely cannot be used.

Question 10

Pa Jury Size

Answer 10

Jury size i. Federal rule: NO constitutional right to 12-member jury; minimum is 6 jurors

ii. PA rule: Party entitled to 12-member jury if he so requests (significantly different from federal rule)

Question 11

Commonwealth’s right to jury trial

Answer 11

i. PA RULE: Commonwealth has the right to a jury trial in criminal cases 1) If D waives right to jury trial on guilt issue, even after a plea, Commonwealth can invoke right to have jury determine the issue 2) Commonwealth’s right to jury trial trumps D’s waiver ii. Unusual in that PA Constitution typically grants more rights to individuals, as opposed to the government

Question 12

Right to confront witnesses

Answer 12

i. PA RULE: literal “face to face” confrontation not required ii. Child victim can testify via closed circuit TV

Question 13

Pa Double Jeopardy

Answer 13

i. Federal rule: No retrial ONLY when prosecutorial misconduct was intended to provoke D into moving for a mistrial
ii. PA RULE: No retrial when prosecutorial misconduct: 1. Intended to provoke D into moving for a mistrial, OR 2. Intentionally undertaken to prejudice D to the point where a fair trial is denied