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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 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 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 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 Constitutional Rights on June 18, 2025
In a significant Third Circuit decision, the court ruled that police officers violated the Fourth Amendment when they opened a car door during a routine traffic stop without reasonable suspicion. The case, United States v. Donte Dowdell (No. 21-3251), highlights the critical importance of timely legal arguments and raises important questions about the scope of… view more
