Legal Opinion

In the Interest of McAdory

Pennsylvania Court of Common Pleas, Erie County

Decided December 19, 1986No. 213 of 1985Published

1Opinion of the Court

ANTHONY, J.,

Currently before the court is the above-named juvenile’s application to suppress fingerprint exemplars obtained by the police acting under authority of an order of this court. The order was issued pursuant to 42 Pa.C.S. §6308(c)(1), without a showing of probable cause.

The juvenile argues that section 6308(c)(1) violates both the federal and state constitutions unless it is construed to require that the court order authorizing fingerprinting be based upon a showing of probable cause. The commonwealth argues that the statute authorizes the court to enter an order to fingerprint upon…

2Cases cited29 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. LeonSupreme Court of the United States · 1984
  3. United States v. DionisioSupreme Court of the United States · 1973
  4. Davis v. MississippiSupreme Court of the United States · 1969
  5. Hayes v. FloridaSupreme Court of the United States · 1985

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