Pa Con Law

Question 1

“Adequate and independent state grounds” doctrine

Answer 1

1. The power to review is the power to overturn
2. Federal court has NO jurisdiction to review decisions of highest state courts if based on state grounds that are: adequate and independent

Question 2

Adequate means?

Answer 2

Sufficient to decide case

Question 3

Independent means?

Answer 3

Not dependent on federal law

Question 4

What is the Michigan v. Long presumption?

Answer 4

Long presumption: When state high court decision rests on mix of federal and state grounds, U.S. Supreme Court will presume reliance on federal precedent and exercise jurisdiction

Question 5

“Plain statement” rule: To avoid review, state court must?

Answer 5

a. Explicitly state that it is relying on state law grounds for decision b. Indicate that federal law is being cited as persuasive authority only

Question 6

Edmunds framework.

Litigants raise/brief 4 FACTORS in ANY case implicating state Constitution:

Answer 6

1. Text of state constitutional provision
2. History and PA case law
3. Related case law from other states
4. Policy considerations (incl. issues of state/local concern) Failure to follow framework is NOT waiver, but its use is strongly advised

Question 7

What is the Privacy of bank records standard?

Answer 7

State Constitution requires probable cause, EXCEPT for:

1) Nonfinancial personal information held by bank (e.g. name and address of ATM user)
2) Insurance information

Federal rule: NO privacy expectation

Question 8

Automatic standing rule

Answer 8

PA RULE: “Automatic standing rule” 1) D charged with possessory offense has “automatic standing” to challenge admissibility of evidence resulting from illegal search

Question 9

Claimant MUST establish for automatic standing

Answer 9

a) Legitimate expectation of privacy, AND
b) Standing:
i) Present at time of search
ii) Possessory interest in evidence improperly

seized

iii) Possession is an essential element of the case, OR
iv) Proprietary interest in the premises

Question 10

Are Pen Registers allowed?

Answer 10

Warrantless use of pen registers to mentor incoming/outgoing numbers violate increased privacy of Pa. Constitution.

Question 11

Can Blood Alcohol databe used?

Answer 11

Can collect blood alcohol tests pursuant to statute (where D is suspected of DUI), but a warrant (or exigent circumstances) is required for access to blood tests taken for purely medical purposes 2) BUT D does NOT have a right to be informed that the test results could be the basis for criminal liability

Question 12

Are Canine Sniffs a search?

Answer 12

Federal rule: NOT a “search”

PA RULE: Canine sniff is a “search”

Question 13

Canine Sniff Standards:

for the person

and for a place

Answer 13

a) Search of person – probable cause
b) Search of place – reasonable suspicion

Question 14

Good Faith Exception for a warrant

Answer 14

Federal rule: Officers’ good faith reliance on warrant is an exception to the exclusionary rule

PA RULE: NO “good faith exception”

Question 15

Stops and Fleeing Suspects

Answer 15

iFederal rule: Reasonable suspicion: 1) Of criminal activity police can “stop” someone 2) That detainee is armed and dangerouscan “frisk

PA RULE: If no probable cause or reasonable suspicion (as in Terry), contraband discarded by fleeing suspect is “fruit of illegal seizure”

Question 16

Random stop of bus

Answer 16

PA RULES:

1) NO random stop of bus to conduct drug interdiction in absence of:
a) Reasonable suspicion OR
b) Probable cause
2) BUT boarding of bus to question passenger NOT a seizure requiring reasonable suspicion where:
a) Officers boarded with driver’s permission
b) During scheduled stop
c) Spoke to each passenger in turn

Question 17

Police radio broadcasts

Answer 17

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 18

School drug testing

Answer 18

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 19

Knock and announce

Answer 19

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

Question 20

Particularity of warrant

Answer 20

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 21

Surveillance in the home

Answer 21

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

Federal law less concerned with the privacy of the home

Question 22

Under the automatic standing rule, a person has standing to challenge a search and seizure if?

Answer 22

He has a proprietary interest in the premises searched, not just a legal right to be there.

Question 23

Police may perform a warrantless search of an automobile when?

Answer 23

They have probable cause for the search.

Commonwealth v. Gary,

Police may search a vehicle when there is probable cause to do so, and this does not require any exigency “beyond the inherent mobility of a motor vehicle,” consistent with New York v. Belton, 453 U.S. 454 (1981).

Question 24

A retrial is prohibited under double jeopardy in Pennsylvania when?

Answer 24

Misconduct by the prosecutor is intentionally undertaken to prejudice the defendant to the point of the denial of a fair trial.