SORNA now dead in Pennsylvania – at least for now

Filed under: Criminal Law, Sex Crimes by Contributor @ January 23, 2018

The United States Supreme Court has denied the appeal of the Pennsylvania Supreme Court’s  ruling that Pennsylvania’s sex offender registration law was unconstitutional . Example sex offender registrant under Pennsylvania Law. This past summer, Jose Muniz, convicted in 2007 of indecent assault against a minor and a required registrant under the Sex Offender Registration and […]

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Prepayment of 2018 tax payments not permitted in most of Pennsylvania

Filed under: News by Steven F. Fairlie @ December 30, 2017

Many accountants have been advising their clients to prepay their 2018 property taxes at the end of 2017, as they will not be deductible in 2018.  However, many don’t realize that most  Pennsylvania counties won’t accept the prepayments.  Home Rule counties like Philadelphia are accepting them, but others like Montgomery County and Bucks County will […]

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Officer Must Show Citizen in Need of Assistance to Apply Community Caretaking Exception

Filed under: Criminal Law by Contributor @ November 30, 2017

There are three categories of interaction that occur between an individual and a police officer: 1) a mere encounter; 2) an investigative detention; and 3) an arrest. A mere encounter is a request for information and need not be supported by any level of suspicion. In Terry v. Ohio, the US Supreme Court described an […]

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Pennsylvania’s Good Samaritan Law

Filed under: Drug Crimes by Contributor @ November 22, 2017

At the end of 2014, Pennsylvania’s new Good Samaritan Drug Overdose Immunity Law went into effect. The law provides major changes to Pennsylvania’s drug laws by providing immunity for both individuals experiencing an overdose and those who attempt to save their lives. In an effort to encourage bystanders and/or friends of an overdosed person to […]

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Expectation of Privacy for Commercial Drivers Less Than Those of Non-Commercial Drivers

Filed under: Criminal Law by Contributor @ November 15, 2017

On November 8, 2017, the Pennsylvania Superior Court determined that applying the Tarbert/Blouse guidelines is improper in cases involved with the traffic stop of a commercial vehicle and suppression of evidence related to that stop. The PA Superior Court explained their holding in Commonwealth v. Maguire, No. 654 MDA 2016 (November 8, 2017).  The case […]

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