PA: One def pleads state constitution and wins, one doesn’t and loses

Birchfield came down after the blood draw in this case. Defendant only pled the Fourth Amendment and did not cite the state constitution. There is no good faith exception to the Pennsylvania exclusionary rule, but there is to the federal, and defendant must lose on his claim. Commonwealth v. Updike, 2017 PA Super 325, 2017 Pa. Super. LEXIS 797 (Oct. 13, 2017). In Commonwealth v. Carper, 2017 PA Super 326, 2017 Pa. Super. LEXIS 798 (Oct. 13, 2017), however, the defendant did plead the state constitution, and he prevails.