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

“Flipping the Bird” Can Get You into Trouble

By Jason Dunkle on G+ Two recent cases put the spotlight on giving a person “the bird”, or “flipping them off”, and whether such a gesture is protected by the First Amendment to the U.S. Constitution.  In one case, a police officer was the target, but, in the other, the person had the audacity to… view more