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PA Court Upholds DUI Conviction After “Welfare Check” on Highway Ramp

The Pennsylvania Superior Court’s June 28, 2024 decision in Commonwealth v. Joshua W. Ward (2024 PA Super 133) highlights how a DUI arrest in Pennsylvania can result from a routine welfare check under the community caretaking doctrine. The case reaffirms that officers can approach and detain a driver without a warrant if they have objective… view more

Centre County Judge Upholds Traffic Stop in Marijuana Case

The Court of Common Pleas of Centre County recently ruled in Commonwealth v. Klanish, CP-14-CR-922-2019, that evidence from a marijuana possession case would not be suppressed. This decision provides important guidance on Pennsylvania traffic stop laws, the authority of sheriff’s deputies, and when Miranda rights apply. Facts of the Case On April 30, 2019, a Centre… view more

Does a NY DWAI Count as a Prior Offense of DUI in PA?

Case Background: Commonwealth v. Pombo Yes.  In Commonwealth v. Pombo, the defendant was convicted in Pike County of DUI (controlled substance) and driving while his license was suspended due to a prior DUI. At sentencing, the Commonwealth sought to apply Pennsylvania’s mandatory minimum penalties for a third offense DUI, citing Pombo’s two prior New York… view more

PA Father Jailed After Secretly Recording Custody Conference

Many people watch TV and see people secretly recording meetings or discussions and assume that doing so is legal.  In Pennsylvania, that is not the law, and ignorance of the law is no defense. In Commonwealth v. Cline, 2017 PA Super 417, the Cline had been convicted of violating the Wiretap and Electronic Surveillance Control… view more

PA Judge Upholds DUI Traffic Stop Based on Driving Too Slowly

In Commonwealth v. Surovec, CR-868-2024, the Centre County Court of Common Pleas denied a motion to suppress evidence after a DUI arrest, ruling that the traffic stop was lawful because the driver was traveling at an unreasonably slow speed. This case highlights how driving too slowly—if it disrupts traffic—can provide Pennsylvania law enforcement with probable… view more

PA Court Reverses Suppression of Drug Evidence

In Commonwealth v. Bentley, 1253 MDA 2024, the Pennsylvania Superior Court reversed the Lycoming County trial court’s decision to suppress evidence in a drug trafficking case. The ruling strengthens law enforcement’s ability to obtain search warrants based on tips from confidential informants and reinforces how courts should apply the “probable cause” standard. Controlled Buy Leads… view more

PA Court Upholds Conviction for Drug Delivery Death Case

In Commonwealth v. Bloom, 2025 PA Super 143, the Pennsylvania Superior Court affirmed the conviction of Bloom for drug delivery resulting in death (DDRD), delivery of a controlled substance, and recklessly endangering another person. addressed a constitutional challenge under the Confrontation Clause—a recurring issue in drug delivery resulting in death (DDRD) cases involving toxicology reports… view more

PA Court Reverses Marijuana Convictions Over Unreliable Search Warrant

In a pivotal ruling for Pennsylvania criminal defense law, the Superior Court of Pennsylvania reversed the drug convictions of two York County men—Charles and Timothy Manuel—after finding that the search warrant used to enter their home lacked sufficient probable cause. This en banc decision underscores the importance of police corroboration when relying on tips from… view more