The PA Superior Court recently put a finer point on the exigent circumstances required for police to conduct a warrantless search of a vehicle after a vehicle stop. COMMONWEALTH v. CAMACHO, No. 62 EDA 2024 (Pa Super. 09/10/2024). In a previous decision, the PA...
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What Pennsylvania state statistics illustrate about DUI arrests
Driving under the influence (DUI) offenses are relatively common. Local authorities around Pennsylvania arrest people frequently for intoxication at the wheel. How much focus local police departments put on screening for and arresting impaired drivers often depends on...
DEFENDANT SHOOTS HIMSELF IN THE FOOT WITH HIS FINGER GUN
John Williams was charged with burglary and several related crimes. At the Preliminary Hearing of the matter, the Commonwealth presented the testimony of Donald Nugent, the son of the owners of the home that had been allegedly burglarized by Williams. As Nugent was...
MICHAEL WINTERS APPOINTED TO SERVE AS A JUVENILE HEARING OFFICER
Michael Winters was recently appointed by President Judge David L. Ashworth to serve as a Juvenile Court Hearing Officer in Lancaster County. Juvenile Court Hearing Officers have the authority to preside over detention hearings, detention review hearings, and...
Was that wrong? Should I have not done that? I tell you I gotta plead ignorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frowned upon ….
The PA Superior Court has held that when a female exposes her breasts to inmates at a county jail from the street below their cell windows, her public, sexually explicit misconduct violates the open-lewdness statute. Elisabell Berrios received a call from her...
You can only drive with an IID. What about your company car?
Generally, people who are charged with drunk driving (DUI or DWI) don’t have to tell their boss or anyone at work if they don’t want to. But, if you have to drive as part of your job (beyond driving to and from work), you will need to tell your boss because you will...
Locked up? Avoid these mistakes that could undermine your defense.
Some people get arrested and may find themselves in custody for hours before a judge arraigns them. The type of charge and timing of one's arrest will affect the length pf time they are in custody. While in custody, a person will understandably focus on getting out of...
2 things to do if you are stopped on suspicion of drunk driving
Driving after you have had a drink is not necessarily a criminal offense. Although it is best not to drink anything before driving, the law does not explicitly prohibit it for most people. Driving after imbibing a sufficient amount of alcohol to render you incapable...
What evidence can be suppressed in a DUI case?
When evidence is suppressed, the prosecution mayl not use it during a trial. This can happen when a judge grants a motion to suppress filed by the defense team. Evidence can be suppressed for various reasons, from violations of your constitutional rights to mistakes...
GPS DATA IS NOT HEARSAY
The PA Supreme Court has held that GPS data, compiled from a GPS monitoring device on a parolee, is not hearsay because it does not constitute a statement made by a declarant, as outlined in Rule 801, as it is not an assertion (or the nonverbal conduct) of a person....