The Fourth Amendment requires not only that warrants be supported by probable cause offered by a sworn police officer, but it also requires that a warrant "particularly" describe the person or place to be searched or seized.
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Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell
Follow us on Twitter @frankwalkerlaw
Showing posts with label article I section 8. Show all posts
Showing posts with label article I section 8. Show all posts
Wednesday, May 5, 2010
Friday, August 7, 2009
Law Terms: Suppression of Evidence
Suppression of evidence:
1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. (Pursuant to the 4th amendment of the US Constitution and Article I Section 8 of the Pennsylvania Constitution)
2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.
Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell
Follow us on Twitter @frankwalkerlaw
1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. (Pursuant to the 4th amendment of the US Constitution and Article I Section 8 of the Pennsylvania Constitution)
2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.
Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell
Follow us on Twitter @frankwalkerlaw
Sunday, August 2, 2009
US Constitution - Bill of Rights - Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell
Follow us on Twitter @frankwalkerlaw
Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell
Follow us on Twitter @frankwalkerlaw
Tuesday, July 28, 2009
Pennsylvania Constitution - Article I - Security From Searches and Seizures
Section 8.
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 by the affiant.
FrankWalkerLaw.com
412.227.0290
412.401.1764
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 by the affiant.
FrankWalkerLaw.com
412.227.0290
412.401.1764
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