reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority › Rule 134 - Objections to Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Objections to venue between magisterial districts shall be raised in the court
				of common pleas of the judicial district in which the proceeding has been
				brought, before completion of the preliminary hearing in a court case or before
				completion of the summary trial when a summary offense is charged, or such
				objections shall be deemed to have been waived.
(B) No objection to venue between magisterial
				districts shall be allowed unless substantial prejudice will result if the
				proceeding is allowed to continue before the issuing authority before whom it
				has been brought.
(C) No criminal
				proceedings shall be dismissed because of improper venue between magisterial
				districts. Whenever an objection to such venue is allowed, the court of common
				pleas shall order the transfer of the proceeding to the issuing authority of
				the proper magisterial district.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority › Rule 135 - Transcript of Proceedings Before Issuing Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The issuing authority shall prepare and
				forward to the court of common pleas a transcript of the proceedings in all
				summary cases when an appeal is taken and in all court cases when the defendant
				is held for court.
(B) The
				transcript shall contain the following information, where applicable;
(1) the date and place of hearings;
(2) the names and addresses of the
				prosecutor, defendant, and witnesses;
(3) The names and office addresses of counsel
				in the proceeding;
(4) The charge
				against the defendant as set forth in the prosecutor's complaint;
(5) The date of issuance of any citation,
				summons, or warrant of arrest and the return of service thereon;
(6) a statement whether the parties and
				witnesses were sworn and which of these persons testified;
(7) when the defendant was held for court the
				amount of bail set;
(8) The nature
				of the bail posted and the name and address of the corporate surety or
				individual surety;
(9) a notation
				that the defendant has or has not been fingerprinted;
(10) a specific description of any defect
				properly raised in accordance with Rule 109;
(11) a notation that the defendant was
				advised of the right to apply for the assignment of counsel;
(12) The defendant's plea of guilty or not
				guilty, the decision that was rendered in the case and the date thereof, and
				the judgment of sentence and place of confinement, if any;
(13) any other information required by the
				rules to be in the issuing authority's transcript.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority › Rule 135 - Transcript of Proceedings Before Issuing Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The issuing authority shall prepare and
				forward to the court of common pleas a transcript of the proceedings in all
				summary cases when an appeal is taken and in all court cases when the defendant
				is held for court.
(b) The
				transcript shall contain the following information, where applicable:
(1) the date and place of hearings;
(2) the names and addresses of the
				prosecutor, defendant, and witnesses;
(3) the names and office addresses of counsel
				in the proceeding;
(4) the charge
				against the defendant as set forth in the prosecutor's complaint;
(5) the date of issuance of any citation,
				summons, or warrant of arrest and the return of service thereon;
(6) a statement whether the parties and
				witnesses were sworn and which of these persons testified;
(7) when the defendant was held for court the
				amount of bail set;
(8) the nature
				of the bail posted and the name and address of the corporate surety or
				individual surety;
(9) a notation
				that the defendant has or has not been fingerprinted;
(10) a specific description of any defect
				properly raised in accordance with Rule 109;
(11) a notation that the defendant was
				advised of the right to apply for the assignment of counsel;
(12) the defendant's plea of guilty or not
				guilty, the decision that was rendered in the case and the date thereof, and
				the judgment of sentence and place of confinement, if any; and
(13) any other information required by the
				rules to be in the issuing authority's transcript.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part D - Procedures Implementing 42 Pa.C.S sections 4137, 4138, and 4139: Criminal Contempt Powers of District Justices, Judges of the Pittsburgh Magistrates Court, and Judges of the Traffic Court of Philadelphia › Rule 140 - Contempt Proceedings Before Magisterial District Judges and Pittsburgh Magistrates Court Judges

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				CONTEMPT IN THE PRESENCE OF THE COURT
(1) An
				issuing authority may summarily hold an individual in contempt for misbehavior
				in the presence of the court that obstructs the administration of justice, and,
				after affording the individual an opportunity to be heard, may impose a
				punishment of a fine of not more than $100 or imprisonment for not more than 30
				days or both.
(2) The issuing
				authority shall orally advise the contemnor of the right to appeal within 30
				days for a trial
de novo
in the court of common pleas, and
				that:
(a) any punishment shall be
				automatically stayed for a period of 30 days from the date of the imposition of
				the punishment;
(b) if the
				contemnor files an appeal within the 30-day period, the stay will remain in
				effect pending disposition of the appeal;
(c) when the punishment is imprisonment, the
				contemnor has the right to assistance of counsel for the purpose of the
de novo
hearing in the court of common pleas, and, if the
				contemnor is without financial resources or otherwise unable to employ counsel,
				counsel will be assigned as provided in Rule 122;
(d) The contemnor must appear in the court of
				common pleas for the
de novo
hearing or the appeal may be
				dismissed; and
(e) unless a notice
				of appeal is filed within the 30-day period, on the date specified by the
				issuing authority, the contemnor must:
(i) pay
				any fine imposed; and
(ii) appear
				before the issuing authority for execution of any punishment of
				imprisonment.
(3) The issuing authority shall issue a
				written order of contempt, in which the issuing authority shall:
(a) set forth the facts of the case that
				constitute the contempt;
(b)
				certify that the issuing authority saw or heard the conduct constituting the
				contempt, and that the contempt was committed in the actual presence of the
				issuing authority;
(c) set forth
				the punishment imposed, and the date on which the contemnor is to pay any fine
				or to appear for the execution of any punishment of imprisonment; and
(d) set forth the information specified in
				paragraph (A)(2).
(4) The
				order of contempt shall be signed by the issuing authority, and a copy shall be
				given to the contemnor.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part D - Procedures Implementing 42 Pa.C.S sections 4137, 4138, and 4139: Criminal Contempt Powers of District Justices, Judges of the Pittsburgh Magistrates Court, and Judges of the Traffic Court of Philadelphia › Rule 141 - Appeals from Contempt Adjudications by Magisterial District Judges and Pittsburgh Magistrates Court Judges

Current through Register Vol. 54, No. 28, July 13, 2024
(A) An appeal authorized by
				42 Pa.C.S. §§
										4137(d) and
				4138(d) of the action of
				an issuing authority in a contempt proceeding shall be perfected by filing a
				notice of appeal within 30 days after the action of the issuing authority with
				the clerk of courts and by appearing in the court of common pleas for the
de novo
hearing.
(B) In all cases, the punishment imposed for
				contempt shall be stayed for 30 days from the imposition of the punishment. If
				an appeal is filed within the 30-day period, the stay shall remain in effect
				pending disposition of the appeal.
(C) The notice of appeal shall contain the
				following information:
(1) The name and
				address of the appellant;
(2) The
				name and address of the issuing authority who heard the case;
(3) The magisterial district number where the
				case was heard;
(4) The date of the
				imposition of punishment;
(5) The
				punishment imposed;
(6) The type or
				amount of bail furnished to the issuing authority, if any; and
(7) The name and address of the attorney, if
				any, filing the notice of appeal.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part D - Procedures Implementing 42 Pa.C.S sections 4137, 4138, and 4139: Criminal Contempt Powers of District Justices, Judges of the Pittsburgh Magistrates Court, and Judges of the Traffic Court of Philadelphia › Rule 142 - Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If a contemnor
				defaults on the payment of a fine imposed as punishment for contempt pursuant
				to Rule 140(A)(1) and (B)(3), the issuing authority shall notify the contemnor
				in person or by first class mail that within 10 days of the date on the default
				notice the contemnor must either:
(1) pay the
				amount due as ordered, or
(2)
				appear before the issuing authority to explain why the contemnor should not be
				imprisoned for nonpayment as provided by law, or a bench warrant for the
				contemnor's arrest shall be issued.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part E - Miscellaneous Warrants › Rule 150 - Bench Warrants

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				In a court case when a bench warrant is executed, the case is to proceed in
				accordance with the following procedures.
(1)
				When a defendant or witness is arrested pursuant to a bench warrant, he or she
				shall be taken without unnecessary delay for a hearing on the bench warrant.
				The hearing shall be conducted by the judicial officer who issued the bench
				warrant, or, another judicial officer designated by the president judge or by
				the president judge's designee to conduct bench warrant hearings.
(2) In the discretion of the judicial
				officer, the bench warrant hearing may be conducted using two-way simultaneous
				audio-visual communication.
(3)
				When the individual is arrested in the county of issuance, if the bench warrant
				hearing cannot be conducted promptly after the arrest, the defendant or witness
				shall be lodged in the county jail pending the hearing. The authority in charge
				of the county jail promptly shall notify the court that the individual is being
				held pursuant to the bench warrant.
(4) When the individual is arrested outside
				the county of issuance, the authority in charge of the county jail promptly
				shall notify the proper authorities in the county of issuance that the
				individual is being held pursuant to the bench warrant.
(5) The bench warrant hearing shall be
				conducted without unnecessary delay after the individual is lodged in the jail
				of the county of issuance on that bench warrant.
(a) When the bench warrant is issued by the
				supervising judge of a "multi-county" investigating grand jury, the individual
				shall be detained only until the supervising judge is available to conduct the
				bench warrant hearing.
(b) In all
				other cases, the individual shall not be detained without a bench warrant
				hearing on that bench warrant longer than 72 hours, or the close of the next
				business day if the 72 hours expires on a non-business day.
(6) At the conclusion of the bench
				warrant hearing following the disposition of the matter, the judicial officer
				immediately shall vacate the bench warrant.
(7) If a bench warrant hearing is not held
				within the time limits in paragraph (A)(5)(b), the bench warrant shall expire
				by operation of law.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part E - Miscellaneous Warrants › Rule 151 - Bench Warrant Procedures When Witness is Under Age of 18 Years

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In a court case
				when a bench warrant for a witness under the age of 18 years is executed,
				except as provided in this rule, the case is to proceed in accordance with the
				procedures in Rule 150.
(B) Upon
				execution of the warrant for a minor witness, the arresting officer immediately
				shall inform the proper judicial officer and a parent or guardian of the minor
				witness of the arrest of the minor witness.
(C)
Execution of Bench Warrant in
				County of Issuance
(1) If the
				judicial officer who issued the bench warrant, or another judicial officer
				designated by the president judge or by the president judge's designee, is not
				available to conduct the bench warrant hearing without unnecessary delay, the
				minor witness shall be taken before the on-call judge of the court of common
				pleas.
(a) The on-call judge shall determine
				whether to release the witness or to detain the witness pending the bench
				warrant hearing. If the bench warrant specifically orders detention of the
				minor witness, the on-call judge shall not release the witness.
(b) If the on-call judge determines the
				witness must be detained, the witness shall be detained in a detention
				facility. The on-call judge shall notify the parent or guardian of the minor
				witness of the detention.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 201 - Purpose of Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
A search warrant may be issued to search for and to
				  seize:
(1) contraband, the fruits of a
				crime, or things otherwise criminally possessed; or
(2) property that is or has been used as the
				means of committing a criminal offense; or
(3) property that constitutes evidence of the
				commission of a criminal offense.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 201 - Purpose of Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
A search warrant may be issued to search for and to
				  seize:
(a) contraband, the fruits of a
				crime, or things otherwise criminally possessed;
(b) property that is or has been used as the
				means of committing a criminal offense;
(c) property that constitutes evidence of the
				commission of a criminal offense; or
(d) a person for whom a bench or arrest
				warrant has been issued.
Comment:
Concerning the provisions of subdivision (a) see
United States v. Rabinowitz
, 339 U.S. 56 (1950), overruled as
				  to other points,
Chimel v. California
, 395 U.S. 752, 786
				  (1969).
Also compare, Cooper v. California
, 386 U.S. 58
				  (1967), with
One 1958 Plymouth Sedan v. Pennsylvania
, 380 U.S.
				  693 (1964).
Warrants may not be issued unless the affidavit alleges a
				  pre-existing crime.
See United States ex. rel. Campbell v.
				  Rundle
, 327 F.2d 153, 161 (3rd Cir. 1964), followed
sub nom.
				  Commonwealth ex rel. Ensor v. Cummings
, 207 A.2d 230 (Pa. 1965) and
Commonwealth ex rel. Campbell v. Russell
, 207 A.2d 232 (Pa.
				  1965).
Concerning the provisions of subdivision (c), see
Warden v. Hayden
, 387 U.S. 294 (1967).
Subdivision (d) clarifies that a person is a proper subject
				  of a search warrant when the person is also the subject of a bench or arrest
				  warrant. In such circumstances, the search warrant is to effectuate the arrest
				  by permitting the search of a premises other than the residence of the subject
				  of the bench or arrest warrant. The search warrant does not take the place of
				  the underlying bench or arrest warrant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 202 - Approval of Search Warrant Applications by Attorney for the Commonwealth-Local Option

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The district attorney of any county may require that search warrant
				applications filed in the county have the approval of an attorney for the
				Commonwealth prior to filing.
(B)
				If the district attorney elects to proceed under paragraph (A), the district
				attorney shall file a certification with the court of common pleas, which
				certification shall specify the circumstances in which search warrant
				applications shall require prior approval and shall also specify the date such
				procedure is to become effective. The court of common pleas shall thereupon
				promulgate a local rule in the following form, setting forth the circumstances
				specified in the certification:
RULE ___ . APPROVAL OF SEARCH WARRANT APPLICATIONS BY
				  ATTORNEY FOR THE COMMONWEALTH.
The District Attorney of ____________ County having filed a
				  certification pursuant to Pa.R.Crim.P. 202, search warrants in the following
				  circumstances:
______________________________________
______________________________________
shall not hereafter be issued by any judicial officer unless
				  the search warrant application has the approval of an attorney for the
				  Commonwealth prior to filing.
(C) If an attorney for the Commonwealth
				disapproves a search warrant application, the attorney shall furnish to the
				police officer who prepared the application a written notice of the
				disapproval, in substantially the form set forth in Rule 507(C), and the
				attorney shall maintain a record of the written notice.
(D) No defendant shall have the right to
				relief based solely upon a violation of this rule.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 203 - Requirements for issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				In the discretion of the issuing authority, advanced communication technology
				may be used to submit a search warrant application and affidavit(s) and to
				issue a search warrant.
(B) No
				search warrant shall issue but upon probable cause supported by one or more
				affidavits sworn to before the issuing authority in person or using advanced
				communication technology. The issuing authority, in determining whether
				probable cause has been established, may not consider any evidence outside the
				affidavits.
(C) Immediately prior
				to submitting a search warrant application and affidavit to an issuing
				authority using advanced communication technology, the affiant must personally
				communicate with the issuing authority in person, by telephone, or by any
				device which allows for simultaneous audio-visual communication. During the
				communication, the issuing authority shall verify the identity of the affiant,
				and orally administer an oath to the affiant. In any telephonic communication,
				if the issuing authority has a concern regarding the identity of the affiant,
				the issuing authority may require the affiant to communicate by a device
				allowing for two-way simultaneous audio-visual communication or may require the
				affiant to appear in person.
(D) At
				any hearing on a motion for the return or suppression of evidence, or for
				suppression of the fruits of evidence, obtained pursuant to a search warrant,
				no evidence shall be admissible to establish probable cause other than the
				affidavits provided for in paragraph (B).
(E) No search warrant shall authorize a
				nighttime search unless the affidavits show reasonable cause for such nighttime
				search.
(F) A search warrant may be
				issued in anticipation of a prospective event as long as the warrant is based
				upon an affidavit showing probable cause that at some future time, but not
				currently, certain evidence of a crime will be located at a specified
				place.
(G) When a search warrant is
				issued, the issuing authority shall provide the original search warrant to the
				affiant and the issuing authority shall retain a contemporaneously prepared
				copy.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 205 - Contents of Search Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Each search warrant shall be signed by the issuing authority and shall:
(1) specify the date and time of
				issuance;
(2) identify specifically
				the property to be seized;
(3) name
				or describe with particularity the person or place to be searched;
(4) direct that the search be executed
				either;
(a) within a specified period of time,
				not to exceed 2 days from the time of issuance, or;
(b) when the warrant is issued for a
				prospective event, only after the specified event has occurred;
(5) direct that the warrant be
				served in the daytime unless otherwise authorized on the warrant,
provided that
, for purposes of the rules of Chapter 200, Part
				A, the term "daytime" shall be used to mean the hours of 6 a.m. to 10
				p.m.;
(6) designate by title the
				judicial officer to whom the warrant shall be returned;
(7) certify that the issuing authority has
				found probable cause based upon the facts sworn to or affirmed before the
				issuing authority by written affidavit(s) attached to the warrant;
				and
(8) when applicable, certify on
				the face of the warrant that for good cause shown the affidavit(s) is sealed
				pursuant to Rule 211 and state the length of time the affidavit(s) will be
				sealed.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 205 - Contents of Search Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				search warrant shall be signed by the issuing authority and shall:
(1) specify the date and time of
				issuance;
(2) identify specifically
				the property or person to be seized;
(3) name or describe with particularity the
				person or place to be searched;
(4)
				direct that the search be executed either;
(i) within a specified period of time, not to
				exceed 2 days from the time of issuance, or;
(ii) when the warrant is issued for a
				prospective event, only after the specified event has
				occurred;
(5) direct that
				the warrant be served in the daytime unless otherwise authorized on the
				warrant,
provided that
, for purposes of the rules of Chapter
				200, Part A, the term "daytime" shall be used to mean the hours of 6 a.m. to 10
				p.m.;
(6) designate by title the
				judicial officer to whom the warrant shall be returned;
(7) certify that the issuing authority has
				found probable cause based upon the facts sworn to or affirmed before the
				issuing authority by written affidavit attached to the warrant; and
(8) when applicable, certify on the face of
				the warrant that for good cause shown the affidavit is sealed pursuant to Rule
				211 and state the length of time the affidavit will be
				sealed.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 206 - Contents of Application for Search Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
Each application for a search warrant shall be supported by
				  written affidavit(s) signed and sworn to or affirmed before an issuing
				  authority, which affidavit(s) shall:
(1) state the name and department, agency, or
				address of the affiant;
(2)
				identify specifically the items or property to be searched for and
				seized;
(3) name or describe with
				particularity the person or place to be searched;
(4) identify the owner, occupant, or
				possessor of the place to be searched;
(5) specify or describe the crime which has
				been or is being committed;
(6) set
				forth specifically the facts and circumstances which form the basis for the
				affiant's conclusion that there is probable cause to believe that the items or
				property identified are evidence or the fruit of a crime, or are contraband, or
				are expected to be otherwise unlawfully possessed or subject to seizure, and
				that these items or property are or are expected to be located on the
				particular person or at the particular place described;
(7) if a "nighttime" search is requested
				(
i.e.
, 10 p.m. to 6 a.m.), state additional reasonable cause
				for seeking permission to search in nighttime;
(8) when the attorney for the Commonwealth is
				requesting that the affidavit(s) be sealed pursuant to Rule 211, state the
				facts and circumstances which are alleged to establish good cause for the
				sealing of the affidavit(s); and
(9) a certification that the application
				complies with the provisions of the
Case Records Public Access Policy
				of the Unified Judicial System of Pennsylvania
regarding confidential
				information and documents.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 207 - Manner of Entry Into Premises

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A law enforcement officer executing a
				search warrant shall, before entry, give, or make reasonable effort to give,
				notice of the officer's identity, authority, and purpose to any occupant of the
				premises specified in the warrant, unless exigent circumstances require the
				officer's immediate forcible entry.
(B) Such officer shall await a response for a
				reasonable period of time after this announcement of identity, authority, and
				purpose, unless exigent circumstances require the officer's immediate forcible
				entry.
(C) If the officer is not
				admitted after such reasonable period, the officer may forcibly enter the
				premises and may use as much physical force to effect entry therein as is
				necessary to execute the search.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 208 - Copy of Warrant; Receipt for Seized Property

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A law enforcement officer, upon taking
				property pursuant to a search warrant, shall leave with the person from whom or
				from whose premises the property was taken a copy of the warrant and
				affidavit(s) in support thereof, and a receipt for the property seized. A copy
				of the warrant and affidavit(s) must be left whether or not any property is
				seized.
(B) If no one is present on
				the premises when the warrant is executed, the officer shall leave the
				documents specified in paragraph (A) at a conspicuous location in the said
				premises. A copy of the warrant and affidavit(s) must be left whether or not
				any property is seized.
(C)
				Notwithstanding the requirements in paragraphs (A) and (B), the officer shall
				not leave a copy of an affidavit that has been sealed pursuant to Rule
				211.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 208 - Copy of Warrant; Receipt for Seized Property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A law enforcement officer, upon taking
				property or person pursuant to a search warrant, shall leave with the person
				from whom or from whose premises the property or person was taken a copy of the
				warrant and affidavit in support thereof, and a receipt for the property
				seized. A copy of the warrant and affidavit must be left whether or not any
				property or person is seized.
(b)
				If no one is present on the premises when the warrant is executed, the officer
				shall leave the documents specified in subdivision (a)at a conspicuous location
				in the said premises. A copy of the warrant and affidavit must be left whether
				or not any property or person is seized.
(c) Notwithstanding the requirements in
				subdivisions (a) and (b), the officer shall not leave a copy of an affidavit
				that has been sealed pursuant to Rule 211.
Comment:
Subdivisions (a) and (b) include the provision of Rule 201(d)
				  that provides that a person may be the subject of a search warrant when the
				  person is also the subject of a bench or arrest warrant. In such circumstances,
				  the search warrant is to effectuate the arrest by permitting the search of a
				  premises other than the residence of the subject of the bench or arrest
				  warrant. The search warrant does not take the place of the underlying bench or
				  arrest warrant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 209 - Return With Inventory

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The law enforcement officer executing the
				search warrant shall return the search warrant promptly after the search is
				completed, along with any inventory required under paragraph (C), to the
				issuing authority.
(B) Unexecuted
				warrants shall be returned promptly to the issuing authority once the period of
				time authorized for execution of the warrant has expired. The affiant shall
				retain a copy of the returned unexecuted search.
(C) An inventory of items seized shall be
				made by the law enforcement officer serving a search warrant. The inventory
				shall be made in the presence of the person from whose possession or premises
				the property was taken, when feasible, or otherwise in the presence of at least
				one witness. The officer shall sign a statement on the inventory that it is a
				true and correct listing of all items seized, and that the signer is subject to
				the penalties and provisions of
				18 Pa.C.S. §
										4904(b)-Unsworn
				Falsification To Authorities. The inventory shall be returned to and filed with
				the issuing authority.
(D) The
				judicial officer to whom the return was made shall, upon request, cause a copy
				of the inventory to be delivered to the applicant for the warrant and to the
				person from whom, or from whose premises, the property was taken.
(E) When the search warrant affidavit(s) is
				sealed pursuant to Rule 211, the return shall be made to the justice or judge
				who issued the warrant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 210 - Return of Papers to Clerk

Current through Register Vol. 54, No. 28, July 13, 2024
The judicial officer to whom the warrant was returned shall
				  file the search warrant, all supporting affidavits, and the inventory with the
				  clerk of the court of common pleas of the judicial district in which the
				  property was seized.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 211 - Sealing Search Warrant Affidavits

Current through Register Vol. 54, No. 28, July 13, 2024
(A) At the request of the attorney for the
				Commonwealth, a search warrant affidavit may be sealed upon good cause
				shown.
(B) When the attorney for
				the Commonwealth intends to request that the search warrant affidavit(s) be
				sealed,
(1) The application for the search
				warrant shall be presented by the attorney for the Commonwealth to a judge of
				the court of common pleas or an appellate court justice or judge, and
(2) The affidavit(s) for the search warrant
				shall include the facts and circumstances which are alleged to establish good
				cause for the sealing of the search warrant affidavit(s).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 211 - Sealing Search Warrant Affidavits

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				At the request of the attorney for the Commonwealth, a search warrant affidavit
				may be sealed upon good cause shown.
(B) When the attorney for the Commonwealth
				intends to request that the search warrant affidavit(s) be sealed,
(1) The application for the search warrant
				shall be presented by the attorney for the Commonwealth to a judge of the court
				of common pleas or an appellate court justice or judge, and
(2) The affidavit(s) for the search warrant
				shall include the facts and circumstances which are alleged to establish good
				cause for the sealing of the search warrant affidavit(s).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part A - Search Warrant › Rule 212 - Dissemination of Search Warrant Information

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The issuing authority shall not make any
				search warrants and any affidavit(s) of probable cause available for public
				inspection or dissemination until the warrant has been executed.
(B) Unexecuted warrants and the associated
				affidavits of probable cause are not public records and upon return to the
				issuing authority the unexecuted warrants and affidavit(s) shall be destroyed
				by the issuing authority.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 220 - Motion and Order for Investigating Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
A motion for an investigating grand jury shall be presented
				  to the president judge of the judicial district or to such other judge as the
				  president judge shall designate.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 221 - Summoning Investigating Grand Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After issuing an order summoning an
				investigating grand jury, the court shall order the officials designated by law
				to summon prospective jurors to summon not less than 38 persons eligible by law
				to serve as grand jurors.
(B) The
				summons shall be made returnable on such date as is ordered by the
				court.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 222 - Composition and Organization of the Investigating Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) There shall be impaneled initially to
				serve on an investigating grand jury 23 legally qualified jurors and a minimum
				of 7 and not more than 15 legally qualified alternates. During its term, the
				investigating grand jury shall consist, as provided hereinafter, of not less
				than 15 nor more than 23 legally qualified jurors, and the remaining
				alternates.
(B) When an
				investigating grand jury is to be impaneled and more than 30 persons attend for
				service and qualify, the judge in charge of the grand jury shall excuse a
				sufficient number of persons to reduce the panel to not more than 23 persons
				plus the minimum of 7 but not more than 15 alternates. After prospective grand
				jurors have been excused for cause, the reduction to the minimum of 30 or
				maximum of 38 shall take place by random drawing in the following manner: 30 to
				38 jurors shall be selected by random drawing, of which the first 23 jurors so
				selected shall be designated permanent grand jurors and the next 7 to 15 jurors
				shall be designated alternate jurors 1, 2, 3, and so on to a minimum of
				15.
(C) Alternate jurors shall
				attend sessions of the grand jury but they may not participate in the
				preparation of any reports or presentments, nor in the deliberations and
				voting, until such time as they may be appointed as permanent grand jurors as
				provided in paragraph (D).
(D) The
				court shall have the power to permanently excuse a permanent or alternate grand
				juror for cause at any time during the term of the investigating grand jury.
				For each such excused permanent grand juror, the court shall appoint a new
				permanent grand juror from among the available alternates.
(E) Fifteen permanent members of the grand
				jury shall constitute a quorum, but an affirmative vote of 12 permanent members
				of the grand jury shall be required to adopt a report or issue a
				presentment.
(F) Whenever the
				number of permanent grand jurors, including alternates who have been appointed
				to replace permanent grand jurors, becomes less than 15, the term of the
				investigating grand jury shall be considered at an end.
(G) The court shall appoint one of the grand
				jurors as foreman. The grand jury shall select one of its members as a
				secretary to assist the foreman in keeping a record of the action of the grand
				jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 223 - Administering Oath of Stenographer

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the oath specified in Rule 224, stenographers
				  who record the proceedings before the investigating grand jury shall, before
				  commencing their duties, be sworn by the court to faithfully report the
				  proceedings.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 224 - Administering Oath of Court Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
All court personnel who are to be present during any portion
				  of the grand jury proceedings, and all others who assist in the proceedings,
				  shall be sworn to secrecy by the court prior to their participation.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 225 - Administering Oath to Grand Jury and Foreman

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After the selection of the members of the
				investigating grand jury, the court shall administer the oath to the grand jury
				and then separately to the foreman.
(B) The court shall administer the oath to
				the investigating grand jury in substantially the following form:
"You, as grand jurors, do solemnly swear that your will make
				  diligent inquiry with regard to all matters brought before you as well as such
				  things as may come to your knowledge in the course of your duties; that you
				  will keep secret all that transpires in the jury room, except as authorized by
				  law; that you will not present any person for hatred, envy, or malice, or
				  refuse to present any person for love, fear, favor, or any reward or hope
				  thereof; and that you will present all things truly to the court as they come
				  to your knowledge and understanding."
(C) The court shall administer the oath to
				the foreman in substantially the following form:
"You, as foreman, do solemnly swear that you will make
				  diligent inquiry with regard to all matters as shall be given you in charge;
				  that you will keep secret all that transpires in the jury room, except as
				  authorized by law; that you will not present any person for hatred, envy, or
				  malice, or refuse to present any person for love, fear, favor, or any reward or
				  hope thereof; and that you will present all things truly to the court as they
				  come to your knowledge and understanding."
It is intended that all grand jurors, including the alternate
				  grand jurors, will be sworn at this time.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 227 - Administering Oath to Witness

Current through Register Vol. 54, No. 28, July 13, 2024
Each witness to be heard by the investigating grand jury
				  shall be sworn before testifying. The witness may elect to be sworn in camera
				  or in open court.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 228 - Recording of Proceedings Before Investigating Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
Proceedings before an investigating grand jury, other than
				  the deliberations and voting of the grand jury, shall be stenographically
				  recorded and a transcript made.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 229 - Control of Investigating Grand Jury Transcript/Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise set forth in these rules, the court shall
				  control the original and all copies of the transcript and shall maintain their
				  secrecy. When physical evidence is presented before the investigating grand
				  jury, the court shall establish procedures for supervising
				  custody.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 230 - Disclosure of Testimony Before Investigating Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Attorney for the Commonwealth:
Upon receipt of the certified transcript of the proceedings
				  before the investigating grand jury, the court shall furnish a copy of the
				  transcript to the attorney for the Commonwealth for use in the performance of
				  official duties.
(B)
				Defendant in a Criminal Case:
(1) When a
				defendant in a criminal case has testified before an investigating grand jury
				concerning the subject matter of the charges against him or her, upon
				application of such defendant the court shall order that the defendant be
				furnished with a copy of the transcript of such testimony.
(2) When a witness in a criminal case has
				previously testified before an investigating grand jury concerning the subject
				matter of the charges against the defendant, upon application of such defendant
				the court shall order that the defendant be furnished with a copy of the
				transcript of such testimony; however, such testimony may be made available
				only after the direct testimony of that witness at trial.
(3) Upon appropriate motion of a defendant in
				a criminal case, the court shall order that the transcript of any testimony
				before an investigating grand jury that is exculpatory to the defendant, or any
				physical evidence presented to the grand jury that is exculpatory to the
				defendant, be made available to such defendant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(1) - Investigating Grand Juries › Rule 231 - Who May be Present During Session of an Investigating Grand Jury

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The attorney
				for the Commonwealth, the alternate grand jurors, the witness under
				examination, and a stenographer may be present while the investigating grand
				jury is in session. Counsel for the witness under examination may be present as
				provided by law.
(B) The
				supervising judge, upon the request of the attorney for the Commonwealth or the
				grand jury, may order that an interpreter, security officers, and such other
				persons as the judge may determine are necessary to the presentation of the
				evidence may be present while the investigating grand jury is in
				session.
(C) All persons who are to
				be present while the grand jury is in session shall be identified in the
				record, shall be sworn to secrecy as provided in these rules, and shall not
				disclose any information pertaining to the grand jury except as provided by
				law.
(D) No person other than the
				permanent grand jurors may be present during the deliberations or voting of the
				grand jury.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(2) - Statewide or Regional Investigating Grand Juries › Rule 240 - Applicability of Investigating Grand Jury Rules

Current through Register Vol. 54, No. 28, July 13, 2024
The procedure governing investigating grand juries as set
				  forth in Part B(1) (Investigating Grand Juries) of this Chapter, shall, with
				  the exception of Rule 220 (Motion and Order For Investigating Grand Jury) and
				  Rule 221 (Summoning Investigating Grand Jurors), be applicable to multi-county
				  investigating grand juries.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(2) - Statewide or Regional Investigating Grand Juries › Rule 241 - Summoning Jurors for Statewide or Regional Investigating Grand Juries

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Grand Jury
				Having Statewide Jurisdiction:
(1) Upon
				receipt of an application to convene an investigating grand jury having
				statewide jurisdiction, the Court shall cause the Court Administrator of
				Pennsylvania to draw 6 counties at random from the district where the grand
				jury will be located, which are to be weighted on the basis of their
				approximate relative populations. The 6 counties so drawn plus the county or
				counties to be designated as locations of the investigating grand jury, shall
				together supply jurors for the investigating grand jury. The Court
				Administrator of Pennsylvania shall establish the number of names of persons to
				be forwarded from each county, as provided in (A)(2), based on the approximate
				relative populations of the respective counties involved. The Court
				Administrator of Pennsylvania shall then submit this information to the
				Court.
(2) Upon receipt of the
				order convening an investigating grand jury, the Court Administrator of
				Pennsylvania shall request from the president judge of each of the counties
				supplying jurors the names and addresses of persons residing in the county who
				are eligible by law to serve as grand jurors and who have been screened as
				provided by Rule 242.
(3) The total
				of such names of prospective jurors to be collected shall be 200, of which 50
				shall be selected at random and summoned by the Court Administrator of
				Pennsylvania to the designated location of the investigating grand jury. The
				supervising judge shall impanel the investigating grand jury from this panel of
				50 prospective jurors. If the summoning of additional prospective jurors
				becomes necessary, they shall be summoned by the supervising judge from among
				the remaining 150 prospective jurors.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 2 - INVESTIGATIONS › Part B(2) - Statewide or Regional Investigating Grand Juries › Rule 242 - Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedure shall be applicable in each county
				  that under these rules, is to supply prospective jurors for a statewide or
				  regional investigating grand jury:
(1)
				Such prospective jurors shall be drawn and summoned in the same manner as
				provided by law for other juries.
(2) The voir dire of such prospective jurors
				shall be conducted by the supervising judge of the investigating grand jury, or
				the supervising judge may request that the president judge of the county,
				conduct the voir dire, or that the president judge designate another judge of
				the county to conduct the voir dire.
(3) The names of any such prospective jurors
				forwarded to the Court Administrator of Pennsylvania shall include only those
				prospective jurors who have undergone such voir dire.