Articles

Consent to blood test after improper warnings

Filed under: DUI by Contributor @ May 29, 2018

The Pennsylvania Superior Court found that a warrantless blood draw was proper, despite improper implied consent warnings being read, because the suspect consented to the test┬ábefore receiving the improper implied consent warnings. In Commonwealth v. Moser, two troopers were dispatched to a one motor vehicle crash. The vehicle had hit a stump that was off […]

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Medical Marijuana Patients Must Choose: Their Prescription or Their Firearms

Filed under: Criminal Law by Contributor @ May 20, 2018

Pennsylvania recently joined several other states in passing a law permitting the use of medical marijuana as treatment for certain serious medical conditions and illnesses. As a new state to operate a medical marijuana program, authorities are warning patients that federal law bars users of marijuana, still a Schedule 1 drug under Federal Law, from […]

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PA DL-26B Satisfies Birchfield and Puts Citizens on Notice – or does it?

Filed under: DUI by Contributor @ May 8, 2018

In June 2016, PennDOT created a new implied consent form DL-26B, which police officers are required to read to motorists before requesting a chemical test for alcohol or drugs when DUI is suspected. This form was created to comply with the Supreme Court holding in Birchfield v. North Dakota as the prior form was clearly […]

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Trial Courts Must Conduct an Objective Inquiry Into Exigent Circumstances in DUI Warrantless Blood Test

Filed under: DUI Tags: by Contributor @ April 1, 2018

On March 26, 2018, the Pennsylvania Superior Court held that the trial court must conduct an objective inquiry to determine whether exigent circumstances justify police officers engaging in a warrantless blood test. This inquiry must rely on the totality of the circumstances present in each DUI investigation. In Commonwealth v. Trahey, Trahey was driving a […]

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PA Superior Court Holds that Social Media Must Be Authenticated to Be Admissible Evidence

Filed under: Criminal Law by Contributor @ March 27, 2018

On March 15, 2018, the Pennsylvania Superior Court held that social media posts must be authenticated if they are going to be introduced as evidence in criminal cases. In Commonwealth v. Mangel, a three-judge panel affirmed a decision made by an Erie County trial judge, ruling that social media posts are not admissible in criminal […]

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