Commonwealth v. Miller

holding that the totality of the circumstances test also meets the requirements of Article I, Section 8 of our Pennsylvania Constitution | 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) | 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 | finding “no substantial textual difference” between the Fourth Amendment and Article I, Section 8 that would justify maintaining a more stringent standard in Pennsylvania | relying on Illinois v. Gates, 462 U.S. 213 [103 S.Ct. 2317, 76 L.Ed.2d 527] (1983) | relying on Illinois v. Gates, 462 U.S. 213 [103 S.Ct. 2317, 76 L.Ed.2d 527] (1983) | 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 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 | 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 | adopting the standard set forth in Illinois v. Gates, 462 U.S. 213 (1983) | adopting the standard set forth in Illinois v. Gates, 462 U.S. 213 (1983) | adopting the test set forth in Illinois v. Gates, 462 U.S. 213 (1983) | totality of Gates' circumstances test for determining existence of probable cause meets requirements of Article I, § 8 | totality of Gates’ circumstances test for determining existence of probable cause meets requirements of Article I, § 8 | search warrants can be issued on the basis of information supplied by confidential informants where probable cause is established by the totality of the circumstances | search warrants can be issued on the basis of information supplied by confidential informants where probable cause is established by the totality of the circumstances | “[T]he general rule is that all decisions are to be applied retroactively to cases on direct appeal.” | the court can take into consideration the reliability of the tip along with the corroborative efforts of the officers when determining if probable cause has been established | generally, all decisions are to be applied retroactively to cases on direct appeal | generally, all decisions are to be applied retroactively to cases on direct appeal | decision in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), which was adopted by the Pennsylvania Supreme Court was retroactively applied because it did not create any new rights in the defendant | decision in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), which was adopted by the Pennsylvania Supreme Court was retroactively applied because it did not create any new rights in the defendant | “[T]here is no substantial textual difference between the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution that would require us to expand the protections afforded under the federal document.” | relying on Illinois v. Gates, 462 U.S. 213 … (1