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No Warrant Needed to Search Abandoned Cell PhonePosted in Constitutional Rights on August 7, 2024
Many people want to know if the police need to obtain a warrant before searching a person’s cell phone. In Pennsylvania, the answer is that it depends. Given the rise in the importance of cell phones, courts grabbled with a person’s 4th Amendment rights when applied to phones, primarily focusing on whether or not warrants… view more
PA Court Upholds DUI Conviction Despite Officer Not Observing Defendant DrivingPosted in DUI on July 14, 2024
Many people me and ask “how can I be charged with DUI if the officer did not observe me driving?” In many of the cases, the person is sleeping behind the wheel of the car but not driving. In Pennsylvania, while the charge is Driving Under the Influence, the DUI law actually states that an… view more
Criminal Defense Attorney Charged with Disorderly IntoxicationPosted in Public Drunkenness on March 22, 2024
Alcohol can often lead a Jekyll and Hyde phenomena that causes normally intelligent people to make very poor decisions, and alcohol negatively impacts everyone, including criminal defense attorneys. According to a newspaper report, a Florida criminal defense attorney was recently arrested and charged with Disorderly Intoxication after getting into a drunken argument in public with… view more
Pennsylvania Court Returns $300,000 to Owner After Unconstitutional DetentionPosted in Constitutional Rights on February 10, 2024
Routine Traffic Stop on I-80 The State Police conducted a traffic stop of a Cadillac SUV on I-80 in Union County for Following Too Closely and failing to use a turn signal when changing lanes. These are relatively minor violations, but the police often use minor violations on major roadways as an excuse to pull… view more
BYOB Not a Defense to Pennsylvania Furnishing Alcohol ChargesPosted in Furnishing Alcohol to Minors on February 4, 2024
A Philadelphia area woman that had previously run to be the Lieutenant Governor of Pennsylvania was charged with Furnishing Alcohol to a Minor after allegedly throwing an underage drinking party for her daughter’s 17th birthday. At the Preliminary Hearing, various teenage attendees testified that the woman hosted the party at her home and actively participated… view more
Assault With a Christmas TreePosted in Assault,Firearms on January 24, 2024
Twas the night before Christmas, and all through the house, not a creature was stirring, but a woman chose to attack her would-be-spouse. A 20-year-old Florida woman became somewhat of a grinch on Christmas Eve and took a verbal argument with her boyfriend a bit too far. The woman grabbed the Christmas tree that had… view more
Can I be pulled over because the owner of the vehicle is suspended?Posted in Constitutional Rights on August 20, 2023
Owner of Vehicle is Suspended I am frequently asked “is it legal for the police to pull someone over because the owner of a vehicle has a suspended license?” Basically, people want to know if the police must check or confirm that the person driving is actually the owner BEFORE conducting a traffic stop. In… view more
Store Clerk Arrested After Submitting $3 Million Lottery Ticket Left by CustomerPosted in Theft on May 21, 2023
A clerk in a Massachusetts liquor store recently tried to collect on a $3 million dollar lottery ticket. The problem is that it was not actually her ticket but was instead a ticket that had been left behind by a customer. The lottery officials were a little skeptical about things because of the odd condition… view more
Pennsylvania Medical Marijuana: What You Need To KnowPosted in Medical Marijuana on March 4, 2023
The number of medicinal marijuana users grown exponentionally the program’s inception in Pennsylvania in 2016. While medicinal marijuana has been around for years, there are still many confusing issues that lead to violations of the law and criminal charges for violators. People using medicinal marijuana often have the same questions: Can I grow my own… view more
Illegal Stop Leads to Suppression of Evidence in State College DUIPosted in Centre County DUI on August 20, 2022
Unconstitutional Traffic Stop In a recent State College DUI case, a police officer conducted a traffic stop for a speeding violation. The officer had followed the driver for approximately four miles and, using the police car’s speedometer, clocked the driver’s speed at 53.7 miles per hour in a posted 45 mile per hour zone. During… view more