If police illegally enter your home without a warrant, and you end up in a scuffle, can you suppress their testimony if you are charged with assault? In a criminal case that began with a mental welfare check, the Pennsylvania Superior Court recently said “no.” Mental Welfare Check In Commonwealth v. Schneider, a Crisis Unit…
While all criminal defendants can waive their right to counsel, there are legal requirements for how it must be done. Here is a case where a DUI defendant who didn’t fare well representing himself is getting another chance because he did not properly waive his right to an attorney. Waiver of Counsel Form In Commonwealth…
What happens when you are a house guest, in the wrong place at the wrong time when police discover illegal drugs and firearms on the premises? Does your presence near illegal contraband provide probable cause for police to obtain a search warrant for your cellphone? The Supreme Court of Pennsylvania recently said “no.” Search Warrant…
Can tripping and falling over a speed bump in a store parking lot give rise to a viable personal injury lawsuit? Read on for a case where a jury will decide. Speed Bump In Hawkins v. Walmart Stores, East, a shopper filed a personal injury lawsuit alleging that she sustained injuries when she tripped and…
A video that is going viral on the internet is a powerful reminder of the horrific tragedies that can result from drinking and driving. A Texas driver who was seen in a Facebook Live video taking a swig from a beer bottle while behind the wheel and boasting that he drives better when he drinks…
In litigation, it is the jury’s role to decide all issues of fact. Below is an auto accident case that illustrates some of the issues of fact that can arise from a rear-end collision and what it means when we say that a jury must decide them. Wintery Driving Conditions In Schmidt-Ramirez v. Burger, a…
When a driver doesn’t submit to a field sobriety test can he/she still be convicted for DUI in the absence of other testing that would establish intoxication? The answer is “yes.” Read on for a case where circumstantial evidence was sufficient to sustain a DUI conviction. Refused Field Sobriety Test In Commonwealth v. Lyons, a…
A recent decision by the Superior Court of Pennsylvania illustrates how a minor traffic violation can be the impetus for a DUI case. Changing Lanes In Commonwealth v. Gurung, a casino placed a call to police stating that a driver and two others were intoxicated and had recently left the premises and gave a description…
With more than 143,000 patients in Pennsylvania legalized to obtain, possess, and ingest medical marijuana, does the smell of marijuana alone establish probable cause for police to conduct a warrantless search of your car? The Superior Court of Pennsylvania recently said “no.” Medical Marijuana Identification Card In Commonwealth v. Barr, two Pennsylvania State Police troopers…
A recent decision by the U.S. District Court for the Eastern District of Pennsylvania serves as an important reminder that the fact that an accident happened does not, in and of itself, establish that the defendant’s conduct was negligent ― no matter how sympathetic the plaintiff may be. Broken Hip In Monfiletto v. Nordstrom, a…
We’ve explained in previous blogs that to recover in a slip-and-fall case (and all personal injury litigation), the plaintiff must prove that the defendant acted negligently. But what happens when the plaintiff can’t prove that the defendant’s negligent conduct caused the accident? Can liability still attach? The answer is “no.” Read on for a discussion…
Every driver has experienced that awful feeling that comes when police activate their lights and siren ― followed by enormous relief when they realize they are not being pulled over. So, what happens when you don’t come to that realization, pull over, and police end up charging you with DUI? Can the evidence against you…