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Posted in General on June 27, 2025
In Commonwealth v. Outlaw, the Pennsylvania Superior Court upheld a direct criminal contempt conviction after a defendant called the judge a profanity during a hearing. This case highlights how verbal outbursts and disruptive behavior in a Pennsylvania courtroom can quickly escalate into a criminal contempt charge under 42 Pa.C.S. § 4132(3). 🧑⚖️ What Happened in… view more
Posted in DUI, License Suspension on June 27, 2025
In Commonwealth v. Bold, the Pennsylvania Supreme Court ruled that merely being found asleep in a running vehicle does not automatically qualify as “actual physical control” under Pennsylvania DUI laws. In order to be charged with a DUI in Pennsylvania, the police do NOT need proof that the person was driving. A DUI charge can… view more
Posted in General on June 26, 2025
In Commonwealth v. Crosby, 30 WAP 2023, the Pennsylvania Supreme Court interpreted the Resisting Arrest statute (18 Pa.C.S. § 5104) and clarified what “substantial force” means to uphold a conviction. 🔑 Legal Question What does it mean to “employ…means justifying or requiring substantial force to overcome the resistance” under 18 Pa.C.S. § 5104 [resisting arrest]? Crosby was… view more
Posted in General on June 25, 2025
In a significant ruling on Pennsylvania traffic law, the Supreme Court of Pennsylvania in Commonwealth v. Chisebwe (2024), held that drivers must immediately present their license and registration when requested by police during a lawful traffic stop. A 25-minute delay—even if the documents are eventually produced—violates the Pennsylvania Motor Vehicle Code. 🔍 Case Background: What Happened… view more
Posted in Constitutional Rights on June 25, 2025
In Commonwealth v. Sumpter, the Pennsylvania Superior Court declared 18 Pa.C.S. § 6108 unconstitutional as applied, marking a major victory for Second Amendment advocates. The decision strikes at the heart of Philadelphia’s open carry restrictions, ruling that the city cannot impose criminal penalties for carrying a firearm openly without a license—when the same conduct is legal… view more
Posted in Constitutional Rights, Fifth Amendment on June 24, 2025
Background: The Case Against David Lukach David Lukach was brought in to the police station for questioning regarding a suspicious death. During the nearly four-hour interrogation, police used several controversial tactics: Lied about having strong evidence against him Repeatedly told Lukach he was “not under arrest” Implied that cooperating would help his situation Took advantage… view more
Posted in Constitutional Rights, Fifth Amendment on June 23, 2025
Cops Can Lie, Lawyers Cannot While many people think that lawyers are dishonest and the liars in the court system, the truth is that the cops often lie to manipulate suspects into consenting to search or give confessions. I am NOT bashing the police, so if you are a police officer or friends or family… view more
Posted in Constitutional Rights, Fourth Amendment on June 22, 2025
In a significant decision shaping the limits of police authority in marijuana-related stops, the U.S. Court of Appeals for the Third Circuit ruled in United States v. Outlaw, No. 24-2114 (May 28, 2025), that the smell of marijuana alone does not give police probable cause to search or arrest a vehicle occupant, absent specific evidence… view more
Posted in DUI, License Suspension on June 22, 2025
Credit for ARD License Suspension Most people that accept ARD for a PA DUI case face a license suspension. If that person is later removed from ARD and then convicted of the DUI, PennDOT will normally impose a 12-month license suspension unless the DUI charge is in the lowest tier. The lowest tier, first offense… view more
Posted in DUI on June 20, 2025
In a landmark 2022 decision, the Pennsylvania Superior Court ruled that legal medical marijuana users can still be charged with DUI under state law—even without evidence of impairment. This case, Commonwealth v. Stone, clarified the legal conflict between Pennsylvania’s Medical Marijuana Act (MMA) and the state’s Driving Under the Influence (DUI) laws. 🚗 Case Background:… view more
