Legal Opinion

In Re Search Warrant B-21778 Gartley

Supreme Court of Pennsylvania

Decided September 16, 1985No. 958PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

ROWLEY, Judge:

In this case of first impression, we address the propriety of the use of a search warrant by agents of the Attorney General’s Office to obtain business records transferred to an attorney’s possession by a client suspected of criminal wrongdoing. After affording careful consideration to the arguments presented here, we hold that the office of an attorney not suspected of criminal activity is not immune from a search authorized by a particularized warrant supported by probable cause.

In February of 1982, an investigation by the Medicaid Fraud Control Section of…

2Cases cited47 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Hickman v. TaylorSupreme Court of the United States · 1947
  4. Ker v. CaliforniaSupreme Court of the United States · 1963
  5. Fisher v. United StatesSupreme Court of the United States · 1976

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3Cited by37 opinions

  1. Commonwealth v. KornSuperior Court of Pennsylvania · 2016
  2. Commonwealth v. SchaefferSupreme Court of Pennsylvania · 1987
  3. Birth Center v. St. Paul Companies, Inc.Superior Court of Pennsylvania · 1999
  4. Commonwealth v. WhiteSupreme Court of Pennsylvania · 1986
  5. Commonwealth v. WaltsonSupreme Court of Pennsylvania · 1998

32 more not listed; retrieve them via the Exa API.

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