Constitutional Rights

Pennsylvania Court Holds Odor of Marijuana Alone Not Probable Cause

The Pennsylvania Superior Court recently issued a decision which considers the fact that Pennsylvania citizens can lawfully possess and use marijuana for medicinal purposes.  Many states across the nation now allow for medicinal marijuana use, and some areas have de-criminalized or even legalized marijuana use.  The fact that marijuana is not illegal in all circumstances… view more

Superior Court Overturns Cumberland County DUI Conviction

The Pennsylvania Superior Court recently reviewed a Cumberland County DUI conviction and concluded that the original judge had incorrectly denied the suspect’s request for suppression of evidence.  In the case, captioned Commonwealth v. Wallett 1677 MDA 2019, Wallett argued that her constitutional rights were violated when a police officer stopped her vehicle in a residential… view more

Pennsylvania Governor Allows Early Release Of Some Inmates

Due to the Coronavirus pandemic that is sweeping across the nation, the Pennsylvania governor issued an executive order that allows for a relatively small number of inmates to be released from state prison.  The goal of the order is to reduce the prison population and thereby reduce the number of people, both inmates and guards,… view more

Failure To Mirandize In State College Drug Possession Case

A Centre County judge recently issued an opinion in a State College misdemeanor drug possession case in which the criminal defense lawyer sought suppression of statements made by the defendant because the officer did not advise the defendant of her Miranda warnings.  The judge’s decision granted the suppression of some statements, but the judge also felt… view more