Lidia’s answer: All these questions, while interesting academically, do not obviate the need to hire a defense attorney and fight this charge, if you believe there is such a need. As my colleague said – the almost exclusive remedy of an alleged 4th Amendment violation is suppression of evidence, which is highly unlikely to be helpful in this case. It looks like the only evidence is testimony of witnesses which will most likely be admissible. With all that said, please remember that you only have 10 days in PA to plead not guilty to a summary charge, so do not waste time on constitutional law research