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(DOWNLOAD) "Commonwealth Pennsylvania v. Paul R. Schaeffer" by Middle Section, at Nashville Court of Appeals of Tennessee # eBook PDF Kindle ePub Free

Commonwealth Pennsylvania v. Paul R. Schaeffer

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eBook details

  • Title: Commonwealth Pennsylvania v. Paul R. Schaeffer
  • Author : Middle Section, at Nashville Court of Appeals of Tennessee
  • Release Date : January 29, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 138 KB

Description

This case concerns the legality of a technique of electronic surveillance known as "participant monitoring," or using a body wire to surreptitiously record a persons conversations. The issue is whether, under the Pennsylvania Constitution, the police need a search warrant based on probable cause to send a confidential informer into the home of an individual to electronically record his conversations and transmit them back to the police. We hold that article I, section 8 of our constitution, which protects the right of the people to be secure from unreasonable searches and seizures, requires a warrant based on probable cause for the electronic seizure of such communications. We therefore reverse the judgment of sentence and remand for a new trial at which the fruits of the warrantless electronic surveillance of the defendant will be excluded.


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