warrant and probable-cause requirement (Pennsylvania) · Go Syfert
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warrant and probable-cause requirement in Pennsylvania

9 Pennsylvania opinions name it 3 courts 1990–2023 3 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
New Jersey v. T. L. O.green
scotus · 1985 · cited in 4 Pennsylvania opinions naming this issue, 1990–2023
2 sentences

2023A warrant is generally required to satisfy the Fourth Amendment’s reasonableness standard, however, the United States Supreme Court has “permitted exceptions when ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’” Id. (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurring in judgment)).

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

44
Griffin v. Wisconsingreen
scotus · 1987 · cited in 7 Pennsylvania opinions naming this issue, 1990–2023
2 sentences

2023A warrant is generally required to satisfy the Fourth Amendment’s reasonableness standard, however, the United States Supreme Court has “permitted exceptions when ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’” Id. (quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurring in judgment)).

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

27
Ferguson v. City of Charlestongreen
scotus · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

22
cluster 476704green
ca7 · 1986 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

22
Franz v. Lytlegreen
ca10 · 1993 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

22
Tenenbaum v. Williamsgreen
ca2 · 1999 · cited in 2 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

2021See, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 875-76 , 877-78 & nn.4 & 6 (1987) (administrative search requires reasonableness only, rather than quantum of concrete evidence to support probable cause; warrantless search of probationer’s home was reasonable where state’s Department of Health and Social Services regulatory scheme provided “special needs” for the supervision of a special population “beyond the normal need for law enforcement[ which] make the warrant and probable-cause requirement impracticable”), quoting New Jersey v. T.L.O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurri

22
National Treasury Employees Union v. Von Raabgreen
scotus · 1989 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
2 sentences

1990In a limited number of cases, the United States Supreme Court has held that a warrantless search conducted without probable cause may nevertheless withstand the test of reasonableness under the Fourth Amendment when "special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable." Skinner, supra 489 U.S. at ___ , 109 S.Ct. at 1414 , quoting Griffin v. Wisconsin, 483 U.S. 868, 873-874 , 107 S.Ct. 3164, 3168 , 97 L.Ed.2d 709 (1987); National Treasury Employees Union v. Von Raab, 489 U.S. 656 , ___, 109 S.Ct. 1384 , ___, 103 L.Ed.2d 685, 7

1990In a limited number of cases, the United States Supreme Court has held that a warrantless search conducted without probable cause may nevertheless withstand the test of reasonableness under the Fourth Amendment when "special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable." Skinner, supra 489 U.S. at ___ , 109 S.Ct. at 1414 , quoting Griffin v. Wisconsin, 483 U.S. 868, 873-874 , 107 S.Ct. 3164, 3168 , 97 L.Ed.2d 709 (1987); National Treasury Employees Union v. Von Raab, 489 U.S. 656 , ___, 109 S.Ct. 1384 , ___, 103 L.Ed.2d 685, 7

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Skinner v. Railway Labor Executives' Assn. green
scotus · 1989
2 sentences

1992The special needs exception to the probable cause and warrant requirements of the Fourth Amendment has been recognized in certain cases when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” Skinner, supra, 489 U.S. at 619 , 109 S.Ct. at 1414 , citing Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164, 3167 , 97 L.Ed.2d 709 (1987).

1992The special needs exception to the probable cause and warrant requirements of the Fourth Amendment has been recognized in certain cases when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” Skinner, supra, 489 U.S. at 619 , 109 S.Ct. at 1414 , citing Griffin v. Wisconsin, 483 U.S. 868, 873 , 107 S.Ct. 3164, 3167 , 97 L.Ed.2d 709 (1987).

21990–1992
United States v. Ortiz green
paed · 2012
1 sentence

2013Therefore, the district court concluded “that balancing the intrusion on an individual’s Fourth Amendment interests occasioned by GPS installation and monitoring with the legitimate government interests in doing so does not justify an exception to the warrant-and-probable-cause requirement in run-of-the-mill law enforcement situations.” Id. at 530 .

12013–2013
Vernonia School District 47J v. Acton green
scotus · 1995
2 sentences

2002As noted recently by the Supreme Court in Vernonia School *722 District 47J v. Acton: “A search unsupported by probable cause can be constitutional, when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” 515 U.S. 646, 653 , 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995) (quotation marks removed). ¶44 In the case at hand, the fourth amendment’s requirement of reasonableness, if the amendment in fact applies to civil discovery procedure, is met in Pa.R.C.P.1915.8 as applied by the trial court.

2002As noted recently by the Supreme Court in Vernonia School *722 District 47J v. Acton: “A search unsupported by probable cause can be constitutional, when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” 515 U.S. 646, 653 , 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995) (quotation marks removed). ¶44 In the case at hand, the fourth amendment’s requirement of reasonableness, if the amendment in fact applies to civil discovery procedure, is met in Pa.R.C.P.1915.8 as applied by the trial court.

12002–2002

Where else courts name it

VT 18 (1988–2023) CA 18 (1990–2021) TX 15 (1989–2017) NJ 11 (1990–2020) PA 9 (1990–2023) IL 9 (1992–2015) WA 8 (1993–2019) IN 7 (1999–2023) WI 7 (1991–2021) OH 7 (1990–2014) CO 6 (1993–2016) GA 5 (2003–2023) MN 5 (2005–2018) IA 5 (2010–2016) MI 4 (2009–2022) NC 4 (2009–2019) MT 4 (1988–2018) AR 3 (1999–2012) KS 3 (2003–2019) ME 3 (2009–2020) FL 3 (2013–2019) CT 3 (1996–2012) NM 2 (1999–2004) NE 2 (1998–2008) TN 2 (2019–2020) MD 2 (2004–2015) OR 2 (1997–2005) AZ 2 (2004–2004) KY 2 (2006–2023) MA 2 (1990–2003) VA 2 (2006–2016) SC 2 (1997–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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