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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
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
