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Search And Seizure Law In Pennsylvania
The law of search and seizure in Pennsylvania is controlled by both the United States Constitution and the broader protections of the Pennsylvania Constitution. This article is concerned only with the protections provided by the Pennsylvania Constitution. Overview Police officers and other law enforcement officials are limited in the means of investigation that they may utilize. That is, the law limits the ways in which police officers can investigate and arrest a person suspected of a crime. In the event a law enforcement official violates these rules, evidence obtained may be suppressed, which essentially means that the prosecution may not use the evidence in court to convict a defendant of the crime charged. Successful suppression of evidence often means the prosecution will not be able to make out the charges, and the defendant gets to go home. This article provides an overview summary of some of the major topics in Pennsylvania search and seizure jurisprudence. Relationsh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search and seizure is enshrined i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pennsylvania Constitution
The Constitution of Pennsylvania is the supreme law within the Commonwealth of Pennsylvania. All acts of the General Assembly, the governor, and each governmental agency are subordinate to it. Since 1776, Pennsylvania's Constitution has undergone five versions. The current Constitution entered into force in 1968, and has been amended numerous times. The Constitution may only be amended if a proposed modification receives a majority vote of two consecutive sessions of the General Assembly and then is approved by the electorate. Emergency amendments are permitted by a vote of two-thirds of the General Assembly and an affirmative vote by the electorate within one month. In such emergency situations, commonwealth election officials are required to publish notice of the referendum on a proposed amendment in a minimum of two newspapers in every county. In an event that more than one emergency amendment is proposed, each additional amendment is to be voted on separately. The Constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pennsylvania Supreme Court
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the royal governor. Today, the Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court. This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law. History The Original Pennsylvania constitutions, drafted by William Penn, established a Provi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expectation Of Privacy
Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a ''right to privacy'', a much broader concept which is found in many legal systems (see privacy law). Overall, expectations of privacy can be subjective or objective. Overview There are two types of expectations of privacy: * Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is Privacy International, private; varies greatly from person to person * Objective, legitimate, reasonable expectation of privacy: an expectation of privacy generally recognized by society and perhaps protected by law. Places where individuals expect privacy include residences, hotel rooms, or public places that have been provided by businesses or the public sector to ensure privacy, including public restrooms, private portions of ja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Katz V
Katz or KATZ may refer to: Fiction * Katz Kobayashi, a character in Japanese anime * "Katz", a 1947 Nelson Algren story in ''The Neon Wilderness'' * Katz, a character in ''Courage the Cowardly Dog'' Other uses * Katz (surname) * Katz, British Columbia, an uninhabited official placename in Canada ** Katz railway station, a Canadian Pacific Railway flag stop *KATZ (AM), a radio station (1600 AM) licensed to St. Louis, Missouri, United States *KATZ-FM, a radio station (100.3 FM) licensed to Bridgeton, Missouri * 22981 Katz (1999 VN30), a main-belt asteroid * Katz Editores, an independent Argentine scholarly publisher * Katz syndrome, a rare congenital disorder *Katz Castle, St. Goarshausen, Rhineland-Palatinate, Germany *Katz Group of Companies, a Canadian retail pharmacy network *Joseph M. Katz School of Business, a Graduate School at the University of Pittsburgh in Pennsylvania See also * * Cats (other) * Kats (other) *Katsu (Zen) ''Katsu'' ( Chinese: 喝; ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Pennsylvania
The law of Pennsylvania consists of several levels, including constitutional, statutory, regulatory and case law. The ''Pennsylvania Consolidated Statutes'' form the general statutory law. Sources The Constitution of Pennsylvania is the foremost source of state law. Legislation is enacted by the Pennsylvania General Assembly, published in the '' Laws of Pennsylvania'', and codified in the ''Pennsylvania Consolidated Statutes''. State agency regulations (sometimes called administrative law) are published in the ''Pennsylvania Bulletin'' and codified in the ''Pennsylvania Code''. Pennsylvania's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, Superior Court, and Commonwealth Court, which are published in the '' Pennsylvania State Reports'' and the ''Pennsylvania Reporter''. Municipalities may also promulgate local ordinances. In addition, there are also several sources of persuasive authority, which are not binding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pennsylvania Law
The law of Pennsylvania consists of several levels, including constitutional, statutory, regulatory and case law. The ''Pennsylvania Consolidated Statutes'' form the general statutory law. Sources The Constitution of Pennsylvania is the foremost source of state law. Legislation is enacted by the Pennsylvania General Assembly, published in the '' Laws of Pennsylvania'', and codified in the ''Pennsylvania Consolidated Statutes''. State agency regulations (sometimes called administrative law) are published in the ''Pennsylvania Bulletin'' and codified in the ''Pennsylvania Code''. Pennsylvania's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, Superior Court, and Commonwealth Court, which are published in the '' Pennsylvania State Reports'' and the ''Pennsylvania Reporter''. Municipalities may also promulgate local ordinances. In addition, there are also several sources of persuasive authority, which are not binding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
