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Posted in Constitutional Rights on August 20, 2023
Owner of Vehicle is Suspended I am frequently asked “is it legal for the police to pull someone over because the owner of a vehicle has a suspended license?” Basically, people want to know if the police must check or confirm that the person driving is actually the owner BEFORE conducting a traffic stop. In… view more
Posted in Constitutional Rights on October 19, 2020
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
Posted in Constitutional Rights on August 23, 2020
DISCLAIMER – This is NOT an article about my personal opinion on whether or not masks should be worn. I have a Juris Doctorate degree, and that degree gives me the ability to provide legal advice. I do not have a doctorate in the medical field, which means that I should NOT give an opinion on… view more
Posted in Constitutional Rights on May 25, 2020
During the Coronavirus pandemic, some people focused on buying and hoarding toilet paper, but other people chose to focus on buying a gun. According to a recent article, the Pennsylvania State Police conducted approximately 305,000 background search reports between January and March of 2020 for people that were attempting to buy a gun. That number… view more
Posted in Constitutional Rights, DUI on May 10, 2020
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
Posted in Constitutional Rights on April 14, 2020
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
Posted in Constitutional Rights on February 14, 2020
I grew up in Happy Valley, attended Penn State, and currently reside in the area, so I am biased in favor of Penn State. While I am proud of my connections to Penn State, I am disappointed in an apparent double standard that Penn State has employed when disciplining Greek organizations when allegations of misconduct… view more
Posted in Constitutional Rights on June 17, 2019
When someone pleads guilty or is convicted of a criminal offense, the judge imposes a sentence or punishment on the person. A sentence often includes things like payment fines and costs, completion of community service, attendance at counseling, and jail time or probation. A sentence is a punishment that is imposed directly and immediately upon… view more
Posted in Constitutional Rights, General on January 2, 2017
Most people would not find a bicyclist flipping off a cop to be an interesting article, but, to a legal nerd like me, it is thought-provoking for a few reasons. First, the man’s name was David Smith. The Huntingdon County District Attorney is also named David Smith. While the idea that a local prosecutor would… view more
Posted in Constitutional Rights, General on January 12, 2015
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
