PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A criminal defendant in Pennsylvania state court argues that the search of his home violated Article I, Section 8 of the Pennsylvania Constitution, which a Pennsylvania court has interpreted to provide greater protection than the Fourth Amendment. May the state court rely on the state constitution to suppress the evidence?

Yes, because a state may grant greater protection under its own constitution on independent and adequate state grounds No, because the Fourth Amendment sets the maximum level of protection No, because state constitutions cannot address search and seizure Yes, but only if the federal courts have not yet ruled on the issue

Correct Answer:

Yes, because a state may grant greater protection under its own constitution on independent and adequate state grounds

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