Constitutional Rights
Supreme Court Rules on Google Location Data SearchesPosted in Constitutional Rights, Fourth Amendment on July 2, 2026
Police Must Respect Privacy When Seeking Google Location History The United States Supreme Court has issued a landmark Fourth Amendment decision that significantly strengthens privacy protections for individuals whose cell phone location information is stored by Google. In Chatrie v. United States, the Court held that police conduct a Fourth Amendment search when they obtain… view more
Federal Court Clarifies When Brady Violations Can Reopen Criminal ConvictionsPosted in Constitutional Rights on June 28, 2026
Third Circuit: A Change in the Law Is Not Enough to Reopen a Criminal Conviction The United States Court of Appeals for the Third Circuit recently reaffirmed that overturning a criminal conviction years after it becomes final remains extraordinarily difficult—even when the law changes in a defendant’s favor. In Bracey v. Superintendent Rockview SCI, No…. view more
Supreme Court Invalidates Hawaii Concealed Carry LawPosted in 2nd Amendment, Constitutional Rights on June 27, 2026
Supreme Court Invalidates Gun Carry Restrictions on Business Property Open to Public In a significant Second Amendment decision, the United States Supreme Court ruled that Hawaii’s law prohibiting licensed concealed carry permit holders from carrying firearms onto private property open to the public—unless the property owner expressly authorized it—is unconstitutional. In Wolford v. Lopez, No…. view more
U.S. Supreme Court Strikes Down Gun Ban for Marijuana UserPosted in 2nd Amendment, Medical Marijuana, Penn State Marijuana Possession on June 18, 2026
Landmark Second Amendment Decision in United States v. Hemani On June 18, 2026, the United States Supreme Court issued a significant Second Amendment ruling in United States v. Hemani, holding that the federal government cannot automatically prohibit a person from possessing firearms solely because they regularly use marijuana. The Court ruled that the government’s application… view more
Federal Court Upholds Firearm Ban for Convicted Drug DealersPosted in 2nd Amendment on June 12, 2026
In U.S. v. Squire, the Fifth Circuit Court of Appeals upheld the constitutionality of 18 U.S.C. § 922(g)(1), the law that prohibits people convicted of crimes “punishable by more than one year in prison” from possessing firearms. Squire argued that the law was unconstitutional because it inhibited his 2nd Amendment right to have a firearm… view more
PA Court Rules Flashlight Search of Shoebox Was UnconstitutionalPosted in Fourth Amendment on June 9, 2026
The Pennsylvania Superior Court, sitting en banc, recently issued a significant Fourth Amendment decision in Commonwealth v. Herlth that held that police violated constitutional protections against unreasonable searches when a state trooper shined a flashlight through a small manufacturer’s hole in a closed shoebox inside a man’s home during an overdose response. The ruling reinforces… view more
Conviction Overturned After DA and Judge Exchanged Texts During TrialPosted in Constitutional Rights on June 4, 2026
Improper & Unethical Ex Parte Communications The Pennsylvania Superior Court has granted a new trial to a Centre County defendant after finding that undisclosed text message communications between the trial judge and prosecutor during trial violated the defendant’s constitutional right to due process. In Commonwealth v. Brooks 1550 MDA 2024, the court reviewed allegations that… view more
PA Supreme Court Allows Seizure of Firearm During Traffic StopPosted in Fourth Amendment, General on May 24, 2026
The Pennsylvania Supreme Court’s recent decision in Commonwealth v. Hawkins-Davenport provides important clarification on the scope of police authority during routine traffic stops—particularly when officers observe a firearm in plain view. Factual Background The case arose from a routine traffic stop in Philadelphia based on a vehicle equipment violation. During the stop, officers observed a… view more
PA Court Denies Rule 600 Speedy Trial DismissalPosted in Constitutional Rights on May 21, 2026
A recent Centre County Court decision highlights how Pennsylvania courts analyze Rule 600 speedy trial claims when a defendant cannot be located for an extended period of time. In this case, the court denied a defendant’s motion to dismiss felony drug deliver charges, finding that law enforcement exercised due diligence in attempting to locate and… view more
PA Court Upholds DUI Stop and Warrantless Blood DrawPosted in Constitutional Rights, DUI, Fourth Amendment on April 9, 2026
The Pennsylvania Superior Court’s decision in Commonwealth v. Smith reinforces two critical principles in DUI litigation: (1) the relatively low threshold required for police to initiate a DUI stop, and (2) the continued viability of warrantless blood draws based on voluntary consent. Factual Background Smith was driving during the early morning hours in Mercer County… view more