A recent decision by the Superior Court of Pennsylvania addresses how far police can go in searching a vehicle when there is evidence of marijuana usage by its occupant. Burnt Marijuana Odor In Commonwealth v. Scott, police observed a Nissan with a malfunctioning center brake light and initiated a traffic stop. As an officer approached…
In 2017, Pennsylvania State Police made 19,963 DUI arrests. That number does not include DUI arrests made by local police departments. With a staggering number of people arrested for DUI, there are bound to be some traffic stops that are made without probable cause, in contravention of a driver’s constitutional rights. So, what happens to…
In an age where technology is changing faster than the law can keep up, the Superior Court of Pennsylvania recently addressed the issue of when police can legally search a smartphone without a warrant. Abandoned Smartphone In Commonwealth v. Kane, a Villanova University student hid a smartphone behind a “wet floor” sign in a co-ed…
The Superior Court of Pennsylvania recently addressed the thorny issues that can arise in child custody disputes involving same-sex couples. Custody Dispute In R.L. v. M.A., two lesbian women were in a committed romantic relationship in 2012 when they made a decision together to conceive a child by impregnating M.A. via artificial insemination using sperm…
Soccer star David Beckham received a six-month driving suspension last week for operating “a handheld device at knee level” while driving his Bentley in London’s West End, according to news reports. Beckham, who had already accrued multiple speeding violations, was ordered to pay 925 pounds ($1,205) in fines and prosecution costs. Beckham’s legal problems began…
We’ve all heard the term “double jeopardy” bantered about and have a general understanding that it prevents a defendant from being tried more than once for the same crime. But when does double jeopardy protect us? And are there circumstances when it doesn’t? A recent decision by the Superior Court of Pennsylvania sheds light on…
A recent decision by the Superior Court of Pennsylvania should be of interest to any driver whose tires have ever crossed into another lane of travel ― particularly if there is evidence of illegal activity in their car. Crossing the Center Line In Commonwealth v. Cephus, a Pennsylvania State Police trooper observed a silver Cadillac…
A recent decision by the Superior Court of Pennsylvania makes clear that police cannot conduct a warrantless search of a home based on nothing more than ambiguous assertions that they feared they were in harm’s way. Walking to the Garage In Commonwealth v. Duke, Pennsylvania State Troopers came to the defendant’s house in York County,…
Last week, we blogged about how facts matter in litigation. Specifically, we addressed how a dog bite case failed because the plaintiffs were not prepared to prove facts legally sufficient to establish their right to relief. Today, we offer another example of a personal injury lawsuit that was thwarted by a lack of facts. Deadly…
A recent decision by the Court of Common Pleas of Monroe County provides a good example of how a dog bite lawsuit ― or any lawsuit, for that matter ― will not succeed unless the plaintiff alleges specific facts to support a finding that the law has been violated. Dog Bites Child In Gallo v….
A recent decision by the Superior Court of Pennsylvania provides justice to a woman who was injured while shopping and then had videotape evidence destroyed by the store. Destruction of a Surveillance Video In Marshall v. Brown’s IA, a shopper slipped and fell on water in the produce aisle of a ShopRite supermarket and aggravated…
Non-lawyers often hear the term “hearsay” bantered about and have a general understanding that hearsay evidence is not admissible in court. (Nota bene: There are some exceptions to that rule.) Today we take a deeper look at the concept of hearsay, as applied by the U.S. District Court for the Eastern District of Pennsylvania in…