Search and Seizure Law in Pennsylvania
Encyclopedia
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.
, 389 U.S. 347 (1967); Commonwealth v. Lowery, 451 A.2d 245 (Pa. Super. Ct. 1982). It is the Defendant's burden to establish his or her privacy interest; after the privacy interest is established, the Commonwealth then needs to show that the subject evidence was not illegally obtained. Commonwealth v. Millner, 888 A.2d 680 (Pa. 2005); Commonwealth v. Perea, 791 A.2d 427 (Pa. Super. Ct. 2002).
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
in Pennsylvania is controlled by both the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and the broader protections of the Pennsylvania Constitution
Pennsylvania Constitution
The current Constitution of the Commonwealth of Pennsylvania, most recently revised in 1968, forms the law for the United States Commonwealth of Pennsylvania...
. 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 criminals. 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.Relationship between the U.S. Constitution and the Pennsylvania Constitution
The US Supreme Court's interpretation of the Fourth Amendment do not control the Pennsylvania Supreme Court's interpretation of the protections under Article I § 8 of the Pennsylvania Constitution. See, e.g., Commonwealth v. Edmunds, 586 A.2d 887 (1991). In fact, Federal Fourth Amendment decisions establish the constitutional floor, but Pennsylvania is free to offer heightened protections to her citizens.The "Reasonable Expectation" of Privacy
In order for a person to receive protection under Article I § 8 (and the Fourth Amendment), (1) that person must have exhibited a subjective, expectation of privacy and (2) that expectation must be one that society is prepared to recognize as reasonable. See Katz v. United StatesKatz v. United States
Katz v. United States, , is a United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search." The Court’s ruling adjusted previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial...
, 389 U.S. 347 (1967); Commonwealth v. Lowery, 451 A.2d 245 (Pa. Super. Ct. 1982). It is the Defendant's burden to establish his or her privacy interest; after the privacy interest is established, the Commonwealth then needs to show that the subject evidence was not illegally obtained. Commonwealth v. Millner, 888 A.2d 680 (Pa. 2005); Commonwealth v. Perea, 791 A.2d 427 (Pa. Super. Ct. 2002).