two-fold requirement in Pennsylvania

2007Nevertheless, “[o]fficial conduct that does not compromise any legitimate interest in privacy is not a search subject to the Fourth Amendment.” Illinois v. Caballes, 543 U.S. 405, 408 , 125 S.Ct. 834, 837 , 160 L.Ed.2d 842, 847 (2005) (internal citations omitted). ¶ 13 Justice Harlan’s concurring statement in Katz v. United States, 389 U.S. 347 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967), articulated a two-fold requirement for individuals asserting Fourth Amendment search and seizure protections: [T]here is a twofold requirement, first that a person have exhibited an actual (subjective) expectation

2007Nevertheless, “[o]fficial conduct that does not compromise any legitimate interest in privacy is not a search subject to the Fourth Amendment.” Illinois v. Caballes, 543 U.S. 405, 408 , 125 S.Ct. 834, 837 , 160 L.Ed.2d 842, 847 (2005) (internal citations omitted). ¶ 13 Justice Harlan’s concurring statement in Katz v. United States, 389 U.S. 347 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967), articulated a two-fold requirement for individuals asserting Fourth Amendment search and seizure protections: [T]here is a twofold requirement, first that a person have exhibited an actual (subjective) expectation

2026Id. at 63 .

2014Rather, looking to both parts of the Harlan expectation of privacy test allows for “a construct which in this Commonwealth takes into account the circumstances of the situation surrounding the disclosure of information as well as the individual’s conduct.” 778 A.2d at 628-31 .

2013Following the two-fold inquiry established in Cohen v. Workers’ Compensation Appeal Board (City of Philadelphia), 589 Pa. 498 , 909 A.2d 1261 (2006), we considered whether the amount at risk financially and the type of procedural rules governing each proceeding are similar.

2013Following the two-fold inquiry established in Cohen v. Workers’ Compensation Appeal Board (City of Philadelphia), 589 Pa. 498 , 909 A.2d 1261 (2006), we considered whether the amount at risk financially and the type of procedural rules governing each proceeding are similar.

2002Id. at 493 , 646 A.2d at 1203 .

2002Id. at 493 , 646 A.2d at 1203 .

2001Emery, 725 A.2d at 814 . ¶46 This Court emphasized in Emery that “because the ‘peculiar risk/special danger’ doctrines are exceptions to a general rule [of non-liability], they should be viewed narrowly.” Id. at 814 .

2001Emery, 725 A.2d at 814 . ¶46 This Court emphasized in Emery that “because the ‘peculiar risk/special danger’ doctrines are exceptions to a general rule [of non-liability], they should be viewed narrowly.” Id. at 814 .

1984In United Tavern Owners of Philadelphia v. Philadelphia School District, 441 Pa. 274 , 272 A.2d 868 (1971), which will be discussed more fully later, the court was presented with a two-fold challenge to a proposed ten per cent tax on retail over the counter sales of liquor arid malt and brewed beverages, almost identical to those involved here.

1984In United Tavern Owners of Philadelphia v. Philadelphia School District, 441 Pa. 274 , 272 A.2d 868 (1971), which will be discussed more fully later, the court was presented with a two-fold challenge to a proposed ten per cent tax on retail over the counter sales of liquor arid malt and brewed beverages, almost identical to those involved here.

1984Citing Burse v. Pennsylvania Labor Relations Board, 56 Pa. Commonwealth Ct. 555 , 425 A.2d 1182 (1981), the arbitrator then analyzed the resignation notices sent by each employee and determined that five employees had satisfied the two-fold requirement under the bargaining agreement and Burse , and that the fourteen remaining employees had not.

1984Citing Burse v. Pennsylvania Labor Relations Board, 56 Pa. Commonwealth Ct. 555 , 425 A.2d 1182 (1981), the arbitrator then analyzed the resignation notices sent by each employee and determined that five employees had satisfied the two-fold requirement under the bargaining agreement and Burse , and that the fourteen remaining employees had not.

1984Schubach, 461 Pa. at 382 , 336 A. 2d at 336 ; McIlhinney, 72 Pa. Commw. at 131 , 455 A.2d at 1286 ; Sheeherman v. Wilkes-Barre City Zoning Hearing Board, 42 Pa. Commw. 175, 180 , 400 A.2d 1334, 1336 (1979).

1984Schubach, 461 Pa. at 382 , 336 A. 2d at 336 ; McIlhinney, 72 Pa. Commw. at 131 , 455 A.2d at 1286 ; Sheeherman v. Wilkes-Barre City Zoning Hearing Board, 42 Pa. Commw. 175, 180 , 400 A.2d 1334, 1336 (1979).

1984Schubach, 461 Pa. at 382 , 336 A. 2d at 336 ; McIlhinney, 72 Pa. Commw. at 131 , 455 A.2d at 1286 ; Sheeherman v. Wilkes-Barre City Zoning Hearing Board, 42 Pa. Commw. 175, 180 , 400 A.2d 1334, 1336 (1979).

1984Schubach, 461 Pa. at 382 , 336 A. 2d at 336 ; McIlhinney, 72 Pa. Commw. at 131 , 455 A.2d at 1286 ; Sheeherman v. Wilkes-Barre City Zoning Hearing Board, 42 Pa. Commw. 175, 180 , 400 A.2d 1334, 1336 (1979).