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PA Constitutional Law Distinctions

1)General Essay Matters

a)Do a federal law analysis

b)If  wins: “The same result would be reached under Pennsylvania Law.”

c)If  loses: “Under PA Constitutional law,  would probably win. PA courts would apply the Edmunds test to interpret the PA constitutional provisions at issue here. In PA, [add the rule and apply].

2)Adequate and Independent State Grounds

a)If state law adequately and independently supports the state court decision, the US Supreme Court lacks JD to hear the appeal even if the state court wrongly applied federal law.

b)The Supreme Court assumes that the decision rests on federal grounds unless the state court gives a plain statement that the state ground is independent of federal law.

3)Edmunds Test

a)Attorneys arguing under the PA Constitution must brief and argue the following:

i)Text of applicable state constitutional provision

ii)History of the provision including relevant case law

iii)Related case law from other states and

iv)The policy considerations, including unique issues of state and local concern

b)Waiver: Failure to brief in this manner does not result in a dismissal

4)Search and Seizure Distinctions (Where PA does not follow the federal rule)

a)Bank records are searches

b)s have automatic standing for possessory offenses

c)Pen registers are searches

d)Canine sniffs

i)On the person: PC required

ii)At a place: reasonable suspicion required

e)No good faith exception to the exclusionary rule

f)Automobile Searches: Exigent circumstances required to search automobile after lawful arrest

g)Fleeing Suspects

i)Must have PC or reasonable suspicion to search fleeing felon

ii)Unprovoked flight gives police reasonable suspicion

h)No random stops of buses

i)Police Radio Broadcasts

i)General Rule: Not enough to stop and frisk

ii)Exceptions:

(1)The information is reliable or

(2)Officer has other independent basis for establishing reasonable suspicion

j)No special need search for students in extracurricular activities

k)Surveillance in the Home: warrant and probable cause

5)Miranda

a)Waiver must be explicit

b)Juveniles get to talk to an adult interested in his/her welfare before custodial interrogation

c)Silence cannot be used to impeach at trial

6)Free Speech

a)Strict scrutiny applies

b)Reputation is a PA constitutional right

7)State Action

a)Insurance company has been held to violate the equal protection clause of the PA constitutional

b)All other times, state action is required