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Full-Text Articles in Law
School Searches - A Look Into The 21st Century, Robert Berkley Harper
School Searches - A Look Into The 21st Century, Robert Berkley Harper
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Symposium on Education Law
Be Not The First By Whom The New Are Tried, Nor Yet The Last To Lay The Old Aside: Is The Present Sense Impression Exception To The Rule Against Hearsay The Law Of Pennsylvania?, Robert Berkley Harper
Be Not The First By Whom The New Are Tried, Nor Yet The Last To Lay The Old Aside: Is The Present Sense Impression Exception To The Rule Against Hearsay The Law Of Pennsylvania?, Robert Berkley Harper
Scholarship
Pennsylvania has long been a common law jurisdiction as to the rules of evidence, but recently the courts have considered several modern views relating to the rules of evidence. One modern view of evidence considered by the state's supreme court is the present sense impression exception to the rule against hearsay. This exception was considered by the Supreme Court of Pennsylvania in 1974, but the decision left many questions as to the status and meaning of this new exception. The author traces the development of this new exception to the hearsay rule and makes recommendations as to clarifications that the …
Has The Pennsylvania Superior Court Misread Terry & Adams?, Robert Berkley Harper
Has The Pennsylvania Superior Court Misread Terry & Adams?, Robert Berkley Harper
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Recent decisions by the Pennsylvania Superior Court relating to fourth amendment search and seizure issues are criticized in this article as being contrary to authoritative decisions of the United States Supreme Court. The author traces the development in the superior court of an intermediate response doctrine, whereby the authority of police officers to stop and frisk suspects on grounds amounting to less than probable cause is greatly enhanced. It is suggested that such authority is at odds with the United States Constitution and thereby poses a threat to the freedom of all citizens of the Commonwealth of Pennsylvania.