Lead Opinion
We granted allowance of appeal in the instant case to determine whether, under Article I, Section 8 of the Pennsylvania Constitution, a landowner has a reasonable expectation of privacy against enforcement of Pennsylvania’s Game Code in his open fields. Because we conclude that the Fourth Amendment open fields doctrine as enunciated by the United States Supreme Court in Oliver v. United States,
At 6:45 a.m. on November 25, 2002, nine minutes after the opening of Pennsylvania’s bear-hunting season, appellant Joseph Russo, Jr., claimed to have killed a bear near his hunting cabin in Mehoopany Township, Wyoming County. Pursuant to Section 2323(a)(2) of the Game Code,
Upon arriving after dark at approximately 6:00 p.m., WCO Pierce found appellant’s camp apparently unoccupied. Appellant’s property was clearly posted with “No Trespassing” signs. After parking his truck, Officer Pierce stepped over a cable across the driveway and walked approximately six hundred feet toward appellant’s cabin until he observed, in plain view, an eight- by ten-foot pile of “apple mash”
Meanwhile, once Officer Pierce had informed him of the bait pile, Officer Wasserman contacted Officer James Jolley, a WCO stationed in Luzerne County, where appellant maintained his residence. Officers Wasserman and Jolley, accompanied by two deputy WCOs, proceeded to appellant’s home in Pittston. Upon pulling into appellant’s driveway, the officers observed a dead black bear carcass hanging from a piece of construction equipment. When the officers knocked on appellant’s door, he answered and invited them in. In response to their questioning, appellant indicated that he was aware of the bait at his camp but asserted that the bear was not shot at either of the bait piles. The officers
Officers Pierce and Wasserman returned to appellant’s camp the next morning to take photographs and measurements and to gather additional evidence. At the first apple mash pile discovered by Officer Pierce, the officers found and seized a small piece of bear tissue. A forensic DNA analysis subsequently performed by the United States Fish and Wildlife Service established that all the blood and tissue recovered by the officers in the course of their investigation came from the bear whose carcass was seized at appellant’s residence. Thereafter, appellant was charged with two summary violations of the Game Code: Unlawful Taking or Possession of Game or Wildlife, 34 Pa.C.S. § 2307;
Prior to trial de novo before President Judge Brendan J. Vanston, appellant filed a motion to suppress the evidence seized by Officers Pierce and Wasserman, challenging the legality of their entry onto and search of his property under Article I, Section 8 of the Pennsylvania Constitution. On March 31, 2004, the trial court held a suppression hearing, which the court consolidated with appellant’s trial de novo, and denied the motion. Officers Pierce and Wasserman testified for the Commonwealth, describing in detail the course of the investigation they conducted on November 25 and 26, 2002. Appellant’s case-in-chief consisted primarily of the testimony of his neighbor to the effect that apple trees were located on land near appellant’s property. At the conclusion of the trial, the court convicted appellant of the two offenses and ordered him to pay $1,000 in lines, $2,599.87 in restitution, and the costs of prosecution.
The trial court found “[b]ased on the testimony of the officers and the photographic evidence presented” that “the nearest bait pile is not within the curtilage of [appellant’s] cabin.” Trial Ct. Op. at 5. Consequently, the court rejected appellant’s argument that Article I, Section 8 prohibited the officers’ warrantless search of the fields where the bait piles were found. “To rule otherwise,” the court reasoned, “would emasculate the enforcement of the Game Code on any privately owned realty, as one would only have to post ‘no trespassing’ signs to keep out the game wardens.” Id. The court stated that such a result would be absurd and a result that the constitutional framers surely did not intend. Appellant appealed to the Commonwealth Court, pursuing his suppression claim.
On January 7, 2005, a three-judge panel of the Commonwealth Court unanimously affirmed the order of the trial court. Commonwealth v. Russo,
Appellant petitioned this Court for allowance of appeal. On November 22, 2005, we granted appellant’s petition and directed the parties to address the following issue: “Whether 34 Pa.C.S. § 901(a)(2) is unconstitutional because Article I, Section 8 of the Pennsylvania Constitution provides a landowner with a reasonable expectation of privacy in his posted property.” Commonwealth v. Russo,
Our standard of review of a trial court’s denial of a suppression motion is well established:
[W]e may consider only the Commonwealth’s evidence and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole. Where the record supports the factual findings of the trial court, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error.
Commonwealth v. Boczkowski,
The open fields doctrine was first recognized by the U.S. Supreme Court in Hester v. United States,
Sixty years later, in a 6-8 decision in Oliver v. United States, supra, the High Court “reaffirm[ed]” the vitality of the open fields doctrine as announced in Hester. Oliver,
Even assuming one had a subjective expectation of privacy in his open fields, the Oliver Court went on to reason, such an expectation is not one that society would be prepared to recognize as reasonable:
[O]pen fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance. There is no societal interest in protecting the' privacy of those activities, such as the cultivation of crops, that occur in open fields. Moreover, as a practical matter these lands usually are accessible to the public and the police in ways that a home, an office, or commercial structure would not be. It is not generally true that fences or “No Trespassing” signs effectively bar the public from viewing open fields in rural areas. And both petitioner Oliver and respondent Thornton concede that the public and police lawfully may survey lands from the air.
Id. at 178,
Finally, the Oliver Court explicitly rejected the contention that the reasonableness of one’s expectation of privacy in his open fields should be determined on an ad hoc, case-by-case basis:
Under this approach, police officers would have to guess before every search whether landowners had erected fences sufficiently high, posted a sufficient number of warning signs, or located contraband in an area sufficiently secluded to establish a right of privacy.... The lawfulness of a search would turn on a highly sophisticated set of rules, qualified by all sorts of ifs, ands, and buts and requiring the drawing of subtle nuances and hairline distinctions. The ad hoc approach not only makes it difficult for the policeman to discern the scope of his authority; it also creates a danger that constitutional rights will be arbitrarily and inequitably enforced.
Id. at 181-82,
reject[ed] the suggestion that steps taken to protect privacy establish that expectations of privacy in an open field are legitimate. It is true, of course, that petitioner Oliver and respondent Thornton, in order to conceal their criminal activities, planted the marihuana upon secluded land and erected fences and “No Trespassing” signs around the property. And it may be that because of such precautions, few members of thepublic stumbled upon the marihuana crops seized by the police. Neither of these suppositions demonstrates, however, that the expectation of privacy was legitimate in the sense required by the Fourth Amendment. The test of legitimacy is not whether the individual chooses to conceal assertedly “private” activity. Rather, the correct inquiry is whether the government’s intrusion infringes upon the personal and societal values protected by the Fourth Amendment.
Id. at 182-83,
There can be no question that the search sub judice was lawful under the Fourth Amendment, given the open fields doctrine.
1. Text
We begin our Edmunds analysis with a comparison of the language of Article I, Section 8 to that of the Fourth Amendment. The Fourth Amendment of the U.S. Constitution provides as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Similarly, Article I, Section 8 of the Pennsylvania Constitution provides as follows:
The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.
Given the textual similarity between the two provisions, it is not surprising that appellant fails to make any textually based arguments for departing from the federal open fields doctrine. Like the word “effects” in the Fourth Amendment, “possessions” appears as the last among
2. History
Turning to the history prong of the Edmunds analysis, appellant generally observes that in the past decades it has been stated that, unlike the Fourth Amendment, Article I, Section 8 was motivated by a desire to safeguard citizens’ privacy. Thus, appellant cites recent decisions in which this Court has accorded greater protection under Article I, Section 8 in certain other, limited contexts. See Appellant’s Brief at 11-12 (citing, inter alia, Commonwealth v. Shaw,
Taking a broader and more fundamental historical examination, it is worth noting that, at the time the U.S. Supreme Court determined that the Fourth Amendment and the then-recent federal exclusionary rule did not apply to open fields, the unbroken, prevailing interpretation of Article I, Section 8 by the Pennsylvania courts was that that provision offered no exclusionary remedy whatsoever. Indeed, notwithstanding that the federal exclusionary rule had been in existence since the 1914 decision in Weeks, supra, this Court, and the Superior Court enforcing our decisions, repeatedly refused to find a similar remedy encompassed in Article I, Section 8. Instead, this Court’s historical interpretation of Article 1, Section 8 always followed “the fundamental principle of the common law that the admissibility of evidence is not affected by the illegality of the means by which it was obtained.” Commonwealth v. Chaitt,
Matters changed after Mapp, of course, and Pennsylvania courts, having become familiar by necessity with the command and operation of the federal exclusionary rule, began to entertain equivalent claims under the guise of Article I, Section 8. The progression was not consciously announced or explained, and indeed, in many instances, such disclosure was unimportant because this Court, while citing both the Fourth Amendment and Article I, Section 8, employed a coterminous approach. See, e.g., Commonwealth v. Bosurgi,
Our decisional task in this case, however, does not require us to explain and synthesize this Court’s pre- and post-Mapp expressions concerning Article I, Section 8. The reality is that, in the past few decades, a substantial body of cases has arisen under Article I, Section 8, all involving the exclusionary remedy. Some holdings have been explained with an Edmunds analysis, see, e.g., Edmunds, while others contain holdings that are unexplained in Edmunds terms, see, e.g., Commonwealth v. Shaw,
Appellant ably summarizes this Court’s general observations in Edmunds regarding the unique history of Article I, Section 8. Missing from appellant’s analysis, however, is an attempt to relate that unique history to the specific question of the reasonableness of an expectation of privacy in one’s open fields. Compare with Edmunds,
3. Other jurisdictions
Consistently with guidance from Edmunds, we next consider relevant caselaw from other jurisdictions. In his brief, appellant discusses four decisions from our sister states that have refused to adopt the federal open fields doctrine for purposes of their constitutions. -First, appellant cites People v. Scott,
Appellant next cites State v. Johnson,
Finally, appellant cites State v. Bullock,
As appellant responsibly notes, other states have adopted the federal open fields doctrine for purposes of their respective constitutional guarantees against unreasonable searches and seizures. The wording of the constitutional provisions of these states, unlike Montana and Washington, is substantially similar to that of Article I, Section 8 of our Constitution. See, e.g., State v. Pinder,
4. Policy considerations
Appellant concludes his Edmunds analysis by referencing five policy considerations that he claims support his position. According to appellant, the guarantees of Article I, Section 8 should extend to open fields in order: (1) to prevent “overly zealous police officers” from conducting “fishing expeditions”; (2) to “protect [ ] the right of privacy”; (3) to prevent WCOs from “treating] the property of others as their own”; (4) to avoid confrontations between WCOs and landowners; and (5) to encourage WCOs to apply for search warrants. Appellant’s Brief at 17-18.
In a recent scholarly article, our learned colleague Mr. Justice Thomas Saylor explained why “[ijmplementation of a state constitutional value ... necessarily entails a searching, evaluative inquiry” into genuinely “unique state sources, content, and context as bases for independent interpretation.” Thomas G. Saylor, Prophylaxis in Modem State Constitutionalism: Neto Judicial Federalism and the Acknowledged Prophylactic Rule, 59 N.Y.U. Ann. Surv. Am. L. 283, 309-13 (2003). Indeed, were it otherwise, the tag-line “policy” could metamorphose into cover for a transient majority’s implementation of its own personal value system as if it were an organic command. As support for his policy arguments, appellant cites general principles of Pennsylvania law, decisions from other states, and our trespass statute, 18 Pa.C.S. § 3502, without actually explaining how any of these authorities pertains to “unique issues of state and local concern, and applicability within modern Pennsylvania jurisprudence.” Edmunds,
The citizens of this Commonwealth throughout our history have shown a keen interest in protecting and preserving as an asset the diverse wildlife that find refuge in the fields and forests within our borders. This interest is so strong that it is enshrined by a separate provision of the Pennsylvania Constitution:
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’spublic natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
Pa. Const, art. 1, § 27. The legislative and executive branches, in turn, have enacted and executed a plethora of statutes and regulations designed to enforce the people’s right to the preservation of our wildlife.
In light of the foregoing, we hold that the guarantees of Article I, Section 8 of the Pennsylvania Constitution do not extend to open fields; federal and state law, in this area, are coextensive.
Affirmed.
Notes
This matter was reassigned to this author.
. Section 2323(a)(2) of the Game Code provides that, "[i]n any year in which the commission establishes check stations, each person shall, within 24 hours after killing any big game, present the big game for examination and tagging.” 34 Pa.C.S. § 2323(a)(2). Section 102 of the Game Code defines "big game” as "including] the elk, the whitetail deer, the bear and the wild turkey.” 34 Pa.C.S. § 102.
. Section 2308(a) of the Game Code provides, in pertinent part, as follows:
§ 2308. Unlawful devices and methods (a) General rule. — Except as otherwise provided in this title, it is unlawful for any person to hunt or aid, abet, assist or conspire to hunt any game or wildlife through the use of:
(8) Any artificial or natural bait, hay, grain, fruit, nut, salt, chemical, mineral or other food as an enticement for game or wildlife, regardless of kind and quantity, or take advantage of any such area or food or bait prior to 30 days after the removal of such material and its residue....
{(. :¡s sK ¡it * s}s
34 Pa.C.S. § 2308(a).
. Section 901(a)(2) of the Game Code (entitled, "powers and duties of enforcement officers”) vests in "[a]ny officer whose duty it is to enforce this title or any officer investigating any alleged violation of this title” the “power and duty” to, inter alia, enter "any land or water outside of buildings, posted or otherwise, in the performance of the officer's duties.” 34 Pa.C.S. § 901(a)(2).
. As Officer Pierce subsequently testified: "It looks like somebody took apples and put them through some type of a crushing machine or a blender or something like that. It's just like mashed potatoes only with a heavier consistency. You can pick them up and like squish them in your hands. They’re all mashed up.” Notes of Testimony (N.T.), 3/31/04, at 7. The trial court found it "clear from the photographs taken the next day that the 'apple mash’ is more correctly identified as pomace — that which remains after apples have been put through a cider press,” i.e., "obviously ... not a naturally occurring phenomenon.” Trial Ct. Op. at 2 n. 2.
. There is no indication in the record that appellant owned the woods that Officer Pierce entered. In fact, the only relevant testimony suggests that appellant did not own these woods. See N.T., 3/31/04, at 59, 147. The parties, however, do not raise any issue relating to this fact, and thus it does not affect our disposition of the case.
. Section 2307(a) of the Game Code provides that ”[i]t is unlawful for any person to aid, abet, attempt or conspire to hunt for or take or possess, use, transport or conceal any game or wildlife unlawfully taken or not properly marked or any part thereof, or to hunt for, trap, take, kill, transport, conceal, possess or use any game or wildlife contrary to the provisions of this title.” 34 Pa.C.S. § 2307(a).
. The Fourth Amendment exclusionary rule was adopted in 1914. See Weeks v. United States,
. Appellant does not argue that any of the evidence he seeks to suppress was seized within the curtilage of his hunting cabin.
. The argument section of appellant's brief consists entirely of his Edmunds analysis notwithstanding this Court’s direction when granting allowance of appeal that the parties also discuss the constitutionality of 34 Pa.C.S. § 901(a)(2). Because we hold that the officers’ actions in this case did not violate appellant’s rights under Article I, Section 8, we need not reach the constitutionality of the statute.
. In his Dissenting Opinion, Mr. Chief Justice Cappy proposes a broader interpretation of “possessions/' citing the decisions of this Court in Commonwealth v. Brion,
It is also notable that Brion involved the sanctity of the home, and in emphasizing that point, the Brion majority invoked Commonwealth v. Shaw,
. The Dissenting Opinion of the Chief Justice recognizes the mandatory nature of the analysis set forth in Edmunds. See Op. at 144,
Edmunds noted the reason that it is important for litigants to brief the factors announced in that decision is to facilitate the requirement that Pennsylvania courts “make a ‘plain statement’ of the adequate and independent state grounds upon which we rely, in order to avoid any doubt that we have rested our decision squarely upon Pennsylvania jurisprudence.” Edmunds,
Although it is true that the Court has rendered decisions since Edmunds which were not accompanied by an Edmunds analysis, and even in cases where the parties failed to brief Edmunds, there also are numerous, careful state constitutional decisions where this Court has engaged in the responsible, searching inquiry Edmunds outlined. See Commonwealth v. Glass,
We reiterate that we believe that state constitutional decisions are more secure when they are supported by the searching inquiry contemplated by Edmunds.
. The Johnson court explained the Washington courts’ rejection of the federal standard as owing to the unique language of that state constitution’s counterpart to the Fourth Amendment: “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Wash. Const, art. 1, § 7. The absence of such language in Article I, Section 8 of the Pennsylvania Constitution further detracts from appellant's reliance on Johnson as persuasive support in his Edmunds analysis.
. See Appellant’s Brief at 18 (quoting Scott,
. See, e.g., Appellant’s Brief at 17 (citing Commonwealth v. Glass,
. Enforcement, it is worth noting, is a monumental ta'sk. For every three hundred fifty square miles of land in Pennsylvania, only one full-time WCO is assigned to conduct wildlife protection. A WCO’s duties include not just enforcing hunting and trapping laws but also investigating hunting accidents, conducting wildlife surveys, assisting in wildlife research projects, and providing educational programs. Pa. Game Commit, "About the Pennsylvania Game Commission," at ht tp://www. pgc.state.pa.us/pgc/cwp/view.asp?a=481 & q= 151287 (last visited Nov. 19, 2007).
. For this reason, the instant case does not require us to reach the constitutionality of 34 Pa.C.S. § 901(a)(2).
. As appellant notes, the Commonwealth Court failed to conduct an Edmunds analysis, preferring not to reach the applicability of the federal open fields doctrine under Article I, Section 8. Because we believe that the foundational constitutional question must be answered, we do not endorse the court's reasoning in reaching its conclusion.
Dissenting Opinion
dissenting.
I respectfully and vigorously dissent. By adopting the open fields doctrine, the Majority today holds that a property owner has no constitutionally protected privacy interest in property outside his curtilage, regardless of whether he posted the property in a manner that unmistakably indicates that entry is not permitted. By so holding, the Majority has declined to rule on the precise issue for which we granted allocatur, i.e. the constitutionality of Section 901(a)(2) of the Game and Wildlife Code, 34 Pa.C.S. § 901(a)(2), which permits a Pennsylvania Game Commission Wildlife Conservation Officer to enter onto posted private property tvithout any level of suspicion and without a warrant. Contrary to the Majority, I believe that application of the open fields doctrine is inconsistent
As noted by the Majority, the United States Supreme Court reaffirmed the validity of the open fields doctrine and clarified the doctrine’s scope and applicability in Oliver v. United States,
The first Edmunds factor concerns the text of the two constitutional provisions. Article I, Section 8, of the Pennsylvania Constitution declares that citizens “shall be secure in their persons, houses, papers and possessions,” while the Fourth Amendment to the United States Constitution secures the right of people to be secure in their “persons, houses, papers and effects.” The Majority concludes:
Like the word “effects” in the Fourth Amendment, “possessions” appears as the last among four objects in which the people have a right to be secure, the others being their “persons,” “houses,” and “papers.” Pursuant to the interpretative doctrine of ejusdem generis, the term “possessions” should be construed in light of the particular words preceding it, all of which refer to intimate things about one’s person. If “possessions” had been intended to refer to everything one owned, such as open fields, then there would have been no need to specify the other three objects. We therefore find persuasive for present purposes the Oliver Court’s interpretationof the text of the Fourth Amendment. Nothing in the plain text of Article I, Section 8 suggests that open fields are entitled to the same degree of privacy as one’s person, house, papers, and possessions.
Op. at 1205-06.
I disagree. The Majority’s interpretation of “possessions” as encompassing only intimate things about one’s person does not comport with our previous case law in which we afforded a broad interpretation of Article T, Section 8. See e.g. Commonwealth v. Brion,
I further note that Article I, Section 8 states that no warrant to search “any place” or to seize “any person or things” shall issue without probable cause. This language, which does not appear in the Fourth Amendment, suggests that a property owner may possess a privacy interest in his land. Thus, I would find that Article I, Section 8 should be interpreted more broadly than the Fourth Amendment to offer greater protection.
Regarding the second factor of the Edmunds analysis, the history of the constitutional provision, the Majority reasons that notwithstanding Article I, Section 8’s protection of privacy for over two hundred years, there has never been any suggestion in any Pennsylvania source that suggests a reasonable expectation of privacy in open fields. Op. at 136,
Turning to the third prong of the Edmunds analysis, related case law from other
I find the decision of Montana v. Bullock to be particularly persuasive because it is based on an interest that Pennsylvania and Montana share — a high regard for privacy. In Bullock, the Montana Supreme Court examined whether Article II, Section 11 of the Montana Constitution prohibits warrant-less searches and seizures on private land that falls outside the curtilage of a dwelling. The court answered this inquiry in the affirmative and declined to adopt the open fields doctrine as set forth in Oliver.
Without permission or a search warrant, the law enforcement officers in Bullock entered a gate onto private property which had been posted with “No Trespassing” signs. The officers observed an elk hanging near the cabin and charged the defendants with game violations. In ruling that the lower court erred by failing to grant the defendants’ motion to suppress, the court initially found that the Oliver decision improperly returned to the concepts discredited in Katz v. United States,
The Majority finds Bullock unpersuasive based on this additional constitutional provision. Op. at 139-40,
We conclude that in Montana a person may have an expectation of privacy in an area of land that is beyond the curtilage which the society of this State is willing to recognize ' as reasonable, and that where that expectation is evidenced by fencing, “No Trespassing,” or similar signs, or “by some other means [which] indicates unmistakably that entry is not permitted,” entry by law enforcement officers requires permission or a warrant. As in our prior decisions, however, this requirement does not apply to observations of private land from public property.
This Commonwealth’s respect of privacy is equally well-established as we have held that Article I, Section 8 embodies a strong notion of privacy that has been carefully safeguarded in this Commonwealth for centuries. Edmunds,
In summary, upon examination of the Edmunds factors, I conclude that the text of Article I, Section 8, its history in this Commonwealth, the related case law of other states, and the relevant policy considerations support constitutional protection of a Pennsylvania landowner’s right to privacy when he or she has posted the property in a manner that indicates that entry is not permitted. Accordingly, I would hold that a citizen may claim privacy in an open field under Article I, Section 8 of the Pennsylvania Constitution when indicia would lead a reasonable person to conclude that the area is private. I would therefore find Section 901(a)(2) unconstitutional to the extent that it authorizes entry onto posted private property without any level of suspicion of illegal activity.
I am not convinced, however, that such conclusion entirely disposes of this case because the Game Officers possessed some level of suspicion when they entered Appellant’s property as they received an anonymous tip that the property was baited and recognized that Appellant shot a bear within minutes of the opening of bear hunting season. Because the lower courts did not examine whether the Game Officers, as any other law enforcement officer, had authority, independent of the statute at issue, to approach the door of Appellant’s cabin to investigate allegations that the property was baited and to seize evidence obtained in plain view, I would remand the matter to the trial court to afford the parties a full and fair opportunity to address such issue.
. Justice Thurgood Marshall filed a strong dissenting opinion in Oliver, which was joined by Justices William Brennan and John Paul Stevens. The Dissent initially disagreed with the literal interpretation of the text of the Fourth Amendment and the conclusion that real property is not included in the list of protected spaces and possessions. Id. at 186,
. The Majority's implication that a historical analysis of Article I, Section 8, should only include matters occurring after the United States Supreme Court's decision in Mapp v. Ohio,
Dissenting Opinion
dissenting.
I join Chief Justice Cappy’s cogent dissenting opinion. I write separately to emphasize that the majority’s indication that this Court, in Commonwealth v. Brion,
If, by “ignored the Edmunds paradigm,” the Majority means to say that there was no explicit analysis of each of the Edmunds factors, that is correct; however, if the Majority means that the Court failed to conduct an appropriate analysis of the history and state-specific reasons for a decision departing from federal standards, as they believe is required by Edmunds, that assumption is incorrect. Edmunds does not require that the Court’s thought processes be made explicit, but rather strongly encourages that the litigants provide the Court with the appropriate information to reach a reasoned decision on an independent claim under the Pennsylvania Constitution. See Duncan, supra.
. Edmunds requires that
the following four factors are to be briefed and analyzed by litigants in each case hereafter implicating a provision of the Pennsylvania constitution: 1) text of the Pennsylvania constitutional provision; 2) history of the provision, including Pennsylvania case-law; 3) related case-law from other states; Land] 4) policy considerations, including unique issues of state and local concern, and applicability within modern Pennsylvania jurisprudence.
Edmunds at 389-90,