The "Open Fields Doctrine" is a judicially created exception to the U.S. Constitution's 4th Amendment which protects against unreasonable searches and seizures (or at least it should). Under the open fields exception, law enforcement could enter and search the "open fields" of private property without a warrant, consent, exigent circumstance, or other warrant exception. Unsurprisingly, … Continue reading Landmark PA Supreme Court Opinion Rules Open Fields Doctrine Unconstitutional
Tag: Search Warrant
Pennsylvania Supreme Court Holds that Probable Cause and Exigent Circumstances are Required for the Warrantless Search of a Vehicle
The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant. … Continue reading Pennsylvania Supreme Court Holds that Probable Cause and Exigent Circumstances are Required for the Warrantless Search of a Vehicle
Search Warrant needed to search seized Smartphones
Pennsylvania Superior Court held that a search warrant must be obtained to search Smartphones seized search incident to arrest. “The specific issue that we address in this case is whether a police officer may search the data contained on a modern day cellular telephone, often referred to as a “smart phone” due to the computer-like … Continue reading Search Warrant needed to search seized Smartphones
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