The Law of Arrest, Search, and Seizure in Pennsylvania. Ninth Edition

The Law of Arrest, Search, and Seizure in Pennsylvania Ninth Edition

The Law of Arrest, Search, and Seizure in Pennsylvania Ninth Edition David Rudovsky

2016, THE PENNSYLVANIA BAR INSTITUTE. ALL RIGHTS RESERVED. Printed in the United States of America. ISBN 978-1-57804-158-9 ISBN 978-1-57804-159-6 [EPUB] ISBN 978-1-57804-160-2 [MOBI] PBI Number 9653 PENNSYLVANIA BAR INSTITUTE 5080 RITTER ROAD MECHANICSBURG, PENNSYLVANIA 17055-6903 800/932-4637 OR 717/796-0804 E-MAIL: info@pbi.org WEBSITE: http://www.pbi.org The Pennsylvania Bar Institute does not render any legal, accounting, or other professional services. The Institute s programs and publications are designed solely to help attorneys maintain their professional competence. Commentary, opinions, or views expressed by the author are not necessarily the views of PBI. In dealing with specific legal matters, the attorney using PBI publications or orally conveyed information should always research original sources of authority.

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PENNSYLVANIA BAR INSTITUTE Board of Directors MAY 2016 2017 OFFICERS President: Vice President: Treasurer: Secretary: Immediate Past President: Past President: Gail P. Granoff, Merion Station Dennis A. Whitaker, Hon. Bonnie B. Leadbetter, R. Burke McLemore, Jr., Seth A. Mendelsohn, Hon. Mark A. Kearney, DIRECTORS Norris E. Benns, Jr. Hon. Mark I. Bernstein Jay A. Blechman Joel R. Burcat Hon. Daniel J. Clifford Norristown Nancy Conrad Center Valley Pamela F. Cross Charles Eppolito, III Jacqueline B. Martinez Lisa C. McManus Warren David G. Ries David E. Schwager Wilkes-Barre Daniel J. Siegel Havertown Barry M. Simpson Hon. Robert Simpson Nazareth Donald F. Smith, Jr. Reading Rhodia D. Thomas Elizabeth R. Triscari Kathleen D. Wilkinson Brett M. Woodburn PAST PRESIDENTS (HONORARY DIRECTORS) Susan L. Anderson Bryn Mawr Sara A. Austin York John J. Bagnato Johnstown William G. Boyle G. Daniel Carney Chester C. Corse, Jr. Pottsville H. Robert Fiebach Joseph P. Flanagan, Jr. Richard H. Galloway Greensburg Newtown Square James L. Hollinger Norristown Hon. Lawrence W. Kaplan Stephanie F. Latimore Hon. Francis J. Leahey, Jr. Ebensburg James R. Ledwith Berwyn Marvin S. Lieber Penina Kessler Lieber Thomas S. Mansell New Castle Jane R. Maughan Stroudsburg Edwin L.R. McKean Erie William H. Murray Cape May, NJ Herbert R. Nurick Hon. William H. Platt Allentown Robert Raphael Marvin J. Rudnitsky Selinsgrove William Z. Scott, Jr. Bethlehem Ruth M. Siegel Hershey Stanley H. Siegel Lewistown Lee C. Swartz Lemoyne Paul C. Troy Norristown Nancy Hopkins Wentz Norristown Thomas G. Wilkinson, Jr. EXECUTIVE DIRECTOR Richard L. McCoy 5080 Ritter Road, Mechanicsburg, PA 17055 717-620-6285 or 800-932-4637 ext. 2285 rmccoy@pbi.org

Foreword The Law of Arrest, Search, and Seizure may be a compact book at 192 pages, but it is the reference for the criminal law bar in Pennsylvania. This book is the starting point for any search and seizure issue. Within its pages are an authoritative analysis of recent Supreme Court cases, a comprehensive review of federal and state constitutional issues, and an update on new technologies in investigations and their impact on privacy rights. Since PBI Press first published the book in 2001, thousands of copies have been distributed to defense attorneys, prosecutors, and judges. Now in its ninth edition, this book continues to be one of PBI s best and most popular titles. We are deeply grateful to author David Rudovsky for publishing this book with PBI Press and for his many contributions to continuing legal education in Pennsylvania. A lawyer who attended Mr. Rudovsky s search and seizure update at PBI s annual Criminal Law Symposium said, Rudovsky is simply brilliant. We agree. Gail P. Granoff, PBI President Pamela Davies Smith, Director of Publications October 2016 ix

About the Author David Rudovsky, Esq. Mr. Rudovsky has been a partner in the law firm of Kairys, Rudovsky, Messing & Feinberg, LLP, since its founding in 1971. He specializes in civil rights, civil liberties, and criminal defense litigation. From 1983 to 1987, Mr. Rudovsky was First Assistant Defender at the Defender Association of. He is currently President of the Board of Directors of the Defender Association and has served as Vice President of the Pennsylvania Innocence Project. Since 1987, he has continued in his law practice and, in addition, has been a Senior Fellow at the University of Pennsylvania Law School, where he teaches courses in criminal law, criminal procedure, and evidence. He has argued two civil liberties cases before the U.S. Supreme Court, Forsyth v. Mitchell (governmental wiretapping), and City of Canton v. Harris (municipal liability for failure to properly train police). He has written several books regarding criminal procedure and civil liberties, including Police Misconduct: Law and Litigation. He has also published scholarly articles on governmental immunity and the criminal justice system. In 1986, Mr. Rudovsky received a MacArthur Fellowship for his work in criminal justice and civil liberties. xi