The Standard of Review; Episode 5
In this month's podcast episode, Corrie interviews fellow appellate attorney Aaron Marcus of the Defender Association of Philadelphia to discuss Commonwealth v. Alexander, in which SCOPA held that the Pennsylvania Constitution provides motorists greater privacy rights than the federal Constitution, requiring any search of an automobile in Pennsylvania be supported not only by probable cause, as the federal Constitution requires, but also by exigent circumstances that make it impracticable to obtain a warrant. Their invigorating discussion delves into the privacy protection distinctions between the US and PA Constitutions, how bootlegging is responsible for current vehicle search precedent, and when stare decisis factors into a court's decision.
