Posted in Fourth Amendment on June 29, 2025

Police often look for any reason to conduct a traffic stop to conduct a further investigation and look for drugs or guns. Such stops are called “pretextual”. Such stops routinely occur on interstate 80 in Centre County. The police conduct stops for people that follow too closely, have tinted windows, or drive in the left… view more

Posted in Fourth Amendment on June 29, 2025

Can Police Still Use the Smell of Marijuana to Justify a Search in Pennsylvania? As marijuana laws continue to evolve, many Pennsylvanians wonder whether police officers can still rely on the smell of marijuana to justify a search of a home, vehicle, or other property. A recent Pennsylvania Superior Court decision, Commonwealth v. Batista, confirms… view more

Posted in DUI on June 29, 2025

If you are charged with DUI in Pennsylvania, you may wonder whether your refusal to submit to a blood test can be used as evidence against you at trial. The short answer: yes, it can. In the recent case of Commonwealth v. Bell, the Pennsylvania Supreme Court confirmed that police and prosecutors are permitted to… view more

Posted in DUI on June 29, 2025

The Pennsylvania Superior Court recently vacated a York County woman’s convictions for Driving Under the Influence (DUI) and Endangering the Welfare of a Child (EWOC) after ruling that the trial court improperly excluded expert testimony that could have helped her defense. This case serves as a crucial reminder that, even in DUI and drug-related cases,… view more

Posted in Fourth Amendment on June 29, 2025

The Pennsylvania Superior Court recently issued a decision that reinforces the rights of homeowners to be free from warrantless police searches. In Commonwealth v. Duke, the Court ruled that evidence obtained from an illegal search of a man’s garage must be suppressed, leading to the dismissal of his marijuana manufacturing conviction. This case highlights the… view more

Posted in Fourth Amendment on June 29, 2025

A recent decision by the U.S. Court of Appeals for the Third Circuit is a major victory for protecting constitutional rights during traffic stops. In United States v. Theodore Clark, III, the Court ruled that evidence obtained from an illegal traffic stop could not be used in court. This case highlights how aggressive police tactics can… view more

Posted in General on June 29, 2025

A Pennsylvania Superior Court decision emphasizes the importance of respecting courtroom rules and judicial authority. In In re: Sheldon Arrington, 2019 PA Super 218, the court upheld a criminal contempt conviction against a long-time Allegheny County probation officer for violating the court’s cellphone policy and disobeying a judge’s direct order. This case highlights the serious… view more

Posted in General on June 29, 2025

The Pennsylvania Superior Court has once again reinforced the importance of protecting drivers’ constitutional rights during DUI investigations. In the decision of Commonwealth v. Krenzel, No. 2049 EDA 2018 (Pa. Super. May 20, 2019), the court reversed a Chester County woman’s DUI conviction after finding that police failed to properly advise her of her right… view more

Posted in Constitutional Rights, Fourth Amendment on June 28, 2025

If you were arrested for a gun offense in Pennsylvania after a hotel room search, you may have strong legal defenses based on your constitutional rights. The Pennsylvania Superior Court recently reversed a firearm conviction in Commonwealth v. Martin, 2021 PA Super 128, finding that police unlawfully entered a hotel room without a warrant, making… view more

Posted in Centre County DUI on June 28, 2025

DUI Traffic Stop in Centre County: What Happened? In May 2023, police in Spring Township, PA, received a radio report about a recklessly driven silver Chevrolet truck with tinted windows. Minutes later, an officer spotted a similar vehicle and followed it. The driver pulled to the side of the road without activating a turn signal… view more