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                              PRIOR PASSAGE - NONE
                                                       PRINTER'S NO. 995

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 874 Session of 1989


        INTRODUCED BY GREENLEAF, LEMMOND, SALVATORE, AFFLERBACH, BAKER,
           ROCKS, PECORA, WENGER, MADIGAN, PETERSON, SHUMAKER AND
           FATTAH, MAY 2, 1989

        REFERRED TO JUDICIARY, MAY 2, 1989

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, further providing for searches and seizures.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby resolves as follows:
     5     Section 1.  The following amendment to the Constitution of
     6  Pennsylvania is proposed in accordance with Article XI:
     7     That section 8 of Article I be amended to read:
     8  § 8.  Security from searches and seizures.
     9     The people shall be secure in their persons, houses, papers
    10  and possessions from unreasonable searches and seizures, and no
    11  warrant to search any place or to seize any person or things
    12  shall issue without describing them as nearly as may be, nor
    13  without probable cause, supported by oath or affirmation
    14  subscribed to by the affiant. The rights mandated by this
    15  section and any procedural restrictions based on or derived from
    16  this section shall not exceed the rights and procedural
    17  restrictions mandated by the fourth amendment to the United

     1  States Constitution, as interpreted by the United States Supreme
     2  Court. Articles or information obtained in violation of this
     3  section shall be inadmissible in evidence only if such articles
     4  or information would be inadmissible under decisions of the
     5  United States Supreme Court. The rights and procedural
     6  restrictions respecting searches and seizures shall not be
     7  judicially expanded by decisional law or court rule to exceed
     8  the rights and procedural restrictions mandated by this section.















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