PA Criminal Procedure Distinctions

Question 1

Generally, does PA provide broader privacy protections than the Fourth Amendment?

Answer 1

Yes

Question 2

Can a visitor have a reasonable expectation of privacy in another’s home?

Answer 2

Generally no, but PA recognizes that this can arise if the visitor has a significant and current interest in the premises

Question 3

Under the PA Constitution, does a defendant have a reasonable expectation of privacy in bank records?

Answer 3

Yes, unlike the federal system

Question 4

If police have neither probable cause nor reasonable suspicion to stop a person and he abandons contraband, is that property deemed fruit of the illegal tree in PA?

Answer 4

Yes, unlike the federal system

Question 5

In PA, is a warrant required for canine sniffs searches?

Answer 5

Yes, for a person, but not for property if the canine is lawfully present and supported by a reasonable suspicion

Question 6

Are warrants required for searching hospital records in PA?

Answer 6

Yes, unless conducted pursuant to a BAC statute

Question 7

In PA, if the police fail to abide by the knock-and-announce requirement absent exigent circumstances, is the evidence exluded?

Answer 7

yes

Question 8

When are drunk-driving checkpoints permissible in PA?

Answer 8

In Pennsylvania, vehicle drunk-driving checkpoints are permitted only if:

i) Trained officers conduct brief observations of stopped drivers;
ii) Unnecessary surprise is avoided by advance warnings from a reasonable distance;
iii) Checkpoints occur at locations and times when drunk driving is frequent; and
iv) The decision of which car to stop is made based on a consistent basis, such as every fourth car.

Question 9

In PA, can a defendant’s pre-Miranda silence be used for impeachment purposes at trial?

Answer 9

No