Articles

Ignition Interlock Devices Permit Suspended PA Drivers to Get Back on the Road

Filed under: DUI by Contributor @ August 30, 2017

In May 2016 Governor Tom Wolf signed Act 33 into Pennsylvania Law. The act allows some individuals convicted of Driving Under the Influence of Alcohol or Controlled Substances, whose licenses have been revoked or suspended, to apply for an Ignition Interlock Limited License (“IILL”). The ignition interlock system is leased and placed in the vehicle […]

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Fruit of the Poison Tree: Evidence Suppressed When Obtained in Illegal Seizure

Filed under: Criminal Law by Contributor @ August 24, 2017

On July 19th, 2017, in Commonwealth v. Shabezz, the Pennsylvania Supreme Court ruled that in an illegal seizure of a vehicle, passengers are entitled to suppression of evidence found in the course of the seizure. Such evidence is “barred outright as fruit of the poisonous tree” and there is no additional requirement for defendants to […]

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DUI NEWS: CRN Evaluation Not Required As Bail Condition

Filed under: DUI by Contributor @ August 19, 2017

On July 14, 2017, the Superior Court of Pennsylvania ruled that Requirements for driving under influence offenders (-75 Pa.C. S .§§ 3816) did not require that all defendants charged with Driving Under the Influence (DUI) submit to a Court Reporting Network (CRN) Evaluation as a condition of bail. Specifically, the court found that this requirement […]

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Police Dashcam Recordings Not Exempt From Public Release

Filed under: Criminal Law by Contributor @ August 4, 2017

Protecting the rights of both the police and the accusedAs of June 20, 2017, motor vehicle recordings (“MVRs”), commonly known as “dash cams”, recorded by state trooper patrol vehicles when lights or sirens are activated are not protected from public disclosure under the “criminal investigative records” exception to the Right-to-Know-Law (“RTKL”). The 2008 RTKL enables […]

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IMPROPER TO GRANT SUPPRESSION MOTION ON GROUNDS MOVANT FAILED TO RAISE IN THE MOTION

Filed under: Criminal Law by Contributor @ August 2, 2017

On July 21, 2015, a parole agent received an anonymous tip that one of her parolees, Navarro Banks (“Banks”), was in violation of his parole. Upon receiving a single tip, two agents went to Banks’ home. While speaking with Banks on his front porch, the agents did not see any or have any indication of […]

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