| Article I:
Section 8--Commonwealth
v. Rekasie, 778 A.2d 624 (Pa. 2001): A 4-3 decision that
a defendant does not have a reasonable expectation of privacy in
a telephone conversation from his home with a confidential police
informant and, therefore, the Commonwealth was not required to
obtain a determination of probable cause before tape recording
the conversation. The decision does not appear to change the underlying
analysis of Art. I, section 8 cases, nor portend a closer following
of federal precedent in search cases.
Commonwealth
v. Shaw, 564 Pa. 617, 770 A.2d 295, 2001 WL 376484, (Pa.
April 16, 2001): In a peculiarly limited holding, per Justice Zappala,
the majority held that the warrantless procurement of a hospital
patient's blood alcohol level violated Art. I, section 8 when the
BAC was taken by medical personal for medical reasons only, as
opposed to the request of the police or the requirement of the
drunk driving statute.
Commonwealth
v. Proetto, 771 A.2d 823 (Pa. Super. 2001): Under both
Pennsylvania and federal constitutions, no expectation of privacy
in e-mail received by someone else, nor in chat room conversations.
Commonwealth
v. Yastrop, 768 A.2d 313 (Pa. 2001): Bare majority upholds
DUI roadblocks with objective standards, substantially following Michigan
Dep't. of State Police v. Sitz, 496 U.S. 444 (1990), but applying
State law to the standards.
Section 13--Commonwealth
v. Means, 773 A.2d 143, 2001 WL 708446 (Pa. 2001): After
full Edmunds analysis, the court held that the introduction
of victim impact testimony does not result in cruel and unusual
punishment.
Section 21--Tsokas
v. Board of Lic. and Inspect. Rev., 777 A.2d 1197, 2001
WL 568095 (Pa. Cmwlth. 2001): Upholds revocation of appellant's
gun permit under the Pennsylvania Uniform Firearms Act of 1995
as a person "likely to act in a manner dangerous to public
safety" and noting in passing that the right to bear arms
in Art. I, section 21 "may be restricted in the exercise of
the police power... ."
Article II:
Section 7--Bolus
v. Fisher, 785 A.2d 174, (Pa. Cmwlth. 2001): Relying upon Commonwealth
ex rel. Baldwin v. Richard, 751 A.2d 647 (Pa. 2000), the
panel holds that all felonies are "infamous crimes" under
Article II, section 7.
Section 15--Hamilton
v. Hennessey, 783 A.2d 852, 2001 WL 980944 (Pa. Cmwlth.
2001): The court held that subpoenas issued to members of the House
Caucus, requiring disclosure of the method and cost utilized in
determining the number of mailings permitted for each candidate,
were relevant, but overbroad; the court held that the Speech and
Debate Clause of the Pennsylvania Constitution did not bar inquiry
into whether the newsletters constituted campaign literature.
Article III:
Section 14--Hazleton
Area School District v. Zoning Hearing Board, 778 A.2d
1205, 2001 WL 950053 (Pa., 2001): The court held that under Art.
III, section 14 of the Pennsylvania Constitution, which provides
that "the General Assembly shall provide for the maintenance
and support of a thorough and efficient system of public schools",
school district power cannot be exercised at the expense of the
health, safety and general welfare of the community; the school
district's statutory authority to rent its recreational fields
for baseball games and practices has to be exercised consistently
with local zoning regulations.
Section 32--Wings
Field Preservation Associates v. Pennsylvania Department of Transportation,
2001 WL 33288583 (Pa. Cmwlth. 2001): Strikes down municipality
approval requirement for Montgomery County only in airport funding
as violation of Art. III, section 32 special laws provisions, equal
protection and delegation.
Harrisburg
School District v. Hickok, 781 A.2d 221, 2001 WL 701604
(Pa., June, 2001): Commonwealth Court dismissed several preliminary
objections to School Board challenge to rewritten "Reed Amendment",
which provided for a unique form of State intervention if the Harrisburg
School District demonstrates low test scores. The School Board
challenges that were in effect upheld, at least at the preliminary
stage, were based on Article III, section 32-special legislation-federal
equal protection and Article IX, section 3-home rule.
Article IV:
Section 9--Pennsylvania
Prison Society v. Commonwealth, 776 A.2d 971, 2001 WL 835891
(Pa., July, 2001): Upholds constitutional amendment to Article
IV, section 9--the Board of Padons--against claim that amendment
violated Article IX, section 1 separate vote requirement.
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