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