Articles

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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Birchfield Ruling Applies to Drug Cases Too

Filed under: DUI by Contributor @ August 1, 2017

On July 11, 2017, the Superior Court of Pennsylvania ruled that the United State’s Supreme Court ruling in Birchfield v. North Dakota, that blood cannot be taken without a warrant or consent, applies to both alcohol and drug-related DUI’s. In Birchfield v. North Dakota, following a car accident the driver (Birchfield) failed numerous field sobriety […]

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PA Supreme Court Stalemate On Good Faith Exception to Warrant Requirement

Filed under: Criminal Law by Contributor @ July 26, 2017

The Pennsylvania Supreme Court’s deadlock ruling essentially reiterates and emphasizes that the State Constitution’s strict protections against unlawful searches and seizures are absolute and without exception. A “deadlock” ruling is equivalent to a stand still or a non-ruling. As a result of a deadlock vote amongst justices, or a vote more commonly referred to as […]

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