We got a great result today at a Montgomery County Preliminary Hearing by getting the case dismissed. The allegation was that our client was driving back from Philadelphia and swerved over the white fog line. He was pulled over, asked to step out, and subjected to a K9 sniff of his car. The K9 circled […]
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Drug Delivery Resulting in Death May Not Apply to Users
The Third Circuit has decided the case of United States v Semler, which holds that when two heroin addicts jointly acquire a small amount of heroin for their mutual use, there is not a “transfer’ within the meaning of the statute and therefore the 20 year mandatory minimum cannot be imposed under federal law. While […]
If medical marihuana is legal, why does the odor of marihuana permit police to immediately enter and search a car?
The Pennsylvania Supreme Court has agreed to take up the issue of whether the smell of marihuana can justify police entering and searching a car now that medical marihuana is legal. A Lehigh County Judge had suppressed evidence (a gun) found pursuant to such a search. The Pennsylvania Superior Court reversed that holding on the […]
Pennsylvania probation officers can’t prohibit use of medical marijuana
The Pennsylvania Supreme Court just struck down Lebanon County’s ban on the use of medical marijuana by people who are on probation. Many other Pennsylvania counties, including Montgomery County, have the same rule, so the decision will have a significant impact. The Court’s reasoning was that the legislature has permitted medical marijuana so the probation […]
Oklahoma Man Sentenced to 15 Years for Cocaine Possession; Turns Out it Was Just Powdered Milk
An Oklahoma man who was sentenced to 15 years in prison for cocaine possession was cleared of all charges after a lab analysis determined that the white substance originally thought to be cocaine was actually powdered milk. Cody Gregg was arrested on August 12, 2019, in Oklahoma City. Gregg was riding a bicycle without rear […]
