Constitutional Rights

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

“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