Legal Opinion · Concurring in part, dissenting in part

Commonwealth v. Schaeffer

Supreme Court of Pennsylvania

Decided December 29, 1987No. 228Published

1Concurring in part, dissenting in partKelly, Judge

In this case, we are called upon to determine the conditions under which state law enforcement personnel in Pennsylvania may constitutionally conduct electronic participant monitoring.

I note initially that, as has frequently been the case in the past, this case arises as the result of a criminal’s invocation of the state and federal constitutional proscriptions against unreasonable searches and seizures in an effort to suppress undeniable proof of his guilt. Nonetheless, it is a historical fact that many of the safeguards and liberties which honest citizens cherish and hold dear were forged…

2Cases cited130 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. LeonSupreme Court of the United States · 1984
  4. Marbury v. MadisonSupreme Court of the United States · 1803
  5. M'culloch v. State of MarylandSupreme Court of the United States · 1819

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