Opinion · Supreme Court of Pennsylvania
Commonwealth v. Miller
509 Pa. 475
- Type
- Opinion
- Court
- Supreme Court of Pennsylvania
- Jurisdiction
- Pennsylvania
- Date
- 1985-04-16
- Topic
- general
How later courts describe this case
- holding that the totality of the circumstances test also meets the requirements of Article I, Section 8 of our Pennsylvania Constitution
- holding this Court did not err in retroactively applying “common–sense, practical approach” to probable cause standards when affirming trial court’s denial of suppression motion
- relying on Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)
- finding "no substantial textual difference" between the Fourth Amendment and Article I, Section 8 that would justify maintaining a more stringent standard in Pennsylvania
- adopting the “totality of the circumstances” standard used in Illinois v. Gates for determining the validity of a warrant
- adopting the Gates analysis under Article I, Section 8 of the Pennsylvania Constitution
- adopting Gates as the test for search warrants under Article I, Section 8
- adopting probable cause test enunciated in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983): probable cause exists if there is fair probability that contraband or evidence of crime will be found in particular place
Citator
UpLaw has not yet analyzed Commonwealth v. Miller. The absence of a flag is not a finding that it is good law.
- Cited by
- 307 opinions
Petition for Allowance of Appeal GRANTED, No. 49 E.D. Appeal Docket 1985.