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PA: Confrontation clause applied to suppression hearing

By John Wesley Hall, Jr.

Confrontation rights applied to a suppression hearing, so it was error to permit testifying co-conspirator to testify by videoconference from jail. Here, however, it was harmless because it was cumulative. Commonwealth v. Atkinson, 2009 PA Super 239, 2009 Pa. Super. LEXIS 4494 (December 10, 2009) (Note: Not all courts agree.) Officers investigating passengers on a train developed reasonable suspicion for claimant’s suitcase, and it was reasonable to remove it from the train for a dog sniff under the circumstances. United States v. Funds in the Amount of $ 40,000, 2009 U.S. Dist. LEXIS 115487 (N.D. Ill. December 10, 2009).* The search of defendant’s car was justified by the automobile exception and not search incident under Gant...continue to full post

Full post as published by Fourth Amendment on December 16, 2009 (boomark / email).