What does the PA Constitution say about searches and seizures?
The Court established that Pa. Const. art. IV, and reaffirmed that the Pennsylvania Constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of an automobile.
What constitutes an illegal search and seizure?
An unreasonable search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present.
What is an example of unreasonable search and seizure?
For example, the odor of marijuana coming from inside a vehicle will generally justify the warrantless search and seizure of an automobile, but the same odor coming from a home, without more, will not justify warrantless searches. Instead, law enforcement must obtain a warrant.
What does the 4th Amendment cover?
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
What does the PA Constitution say about equality before the law?
2 added section 28. § 29. Prohibition against denial or abridgment of equality of rights because of race and ethnicity. Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the race or ethnicity of the individual.
What Amendment protects against unreasonable searches and seizures?
the Fourth Amendment
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
What kind of searches are prohibited?
A warrant is needed for most search and seizure activities, but the Court has carved out a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations. The exclusionary rule is one way the amendment is enforced.
What does freedom from unreasonable searches and seizures mean?
The Fourth Amendment prohibits the United States government from conducting “unreasonable searches and seizures.” In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.
