Tag: Pennsylvania Constitution
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Com v. Fulton: Warrantless Cell Phone searches violate both Constitutions
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In a relatively-unsurprising re-affirmation of recent SCOTUS caselaw, the Supreme Court of Pennsylvania ruled 6-0 in Commonwealth v. Fulton that a warrantless search of a cell phone is unconstitutional and…
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Scarnati v. Wolf: Press Releases aren’t “Proclamations”
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In Scarnati v. Wolf, the Supreme Court of Pennsylvania rules 6-1 that a press release does not satisfy the Pennsylvania Constitution’s requirement of veto by proclamation under Article IV, Section…
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Nextel v. Commonwealth: Uniformity Clause Bars Flat Cap for Taxes, but Statute is Severable
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When paying corporate income tax in Pennsylvania, a corporation is permitted to carry over a net loss from the previous year to reduce the current tax year’s taxable income. However,…
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Com v. Shabezz: Automatic standing in Pennsylvania to challenge unconstitutional searches
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Saleem Shabezz was observed by a policeman in a McDonald’s Parking Lot—a “hot zone,” known for drug deals by the police in Philadelphia (always a great place to find hot ‘zones).…