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Posted in Fourth Amendment on August 10, 2025
The Court of Common Pleas of Centre County recently ruled in Commonwealth v. Klanish, CP-14-CR-922-2019, that evidence from a marijuana possession case would not be suppressed. This decision provides important guidance on Pennsylvania traffic stop laws, the authority of sheriff’s deputies, and when Miranda rights apply. Facts of the Case On April 30, 2019, a Centre… view more
Posted in Fourth Amendment on July 20, 2025
In Commonwealth v. Bentley, 1253 MDA 2024, the Pennsylvania Superior Court reversed the Lycoming County trial court’s decision to suppress evidence in a drug trafficking case. The ruling strengthens law enforcement’s ability to obtain search warrants based on tips from confidential informants and reinforces how courts should apply the “probable cause” standard. Controlled Buy Leads… view more
Posted in Fourth Amendment on July 18, 2025
In a pivotal ruling for Pennsylvania criminal defense law, the Superior Court of Pennsylvania reversed the drug convictions of two York County men—Charles and Timothy Manuel—after finding that the search warrant used to enter their home lacked sufficient probable cause. This en banc decision underscores the importance of police corroboration when relying on tips from… view more
Posted in Centre County DUI, Fourth Amendment on July 17, 2025
In Commonwealth v. Lee, CP-14-CR-1136-2024, the Centre County Court of Common Pleas ruled that a Bellefonte police officer lawfully stopped a suspected drunk driver outside of her jurisdiction under Pennsylvania’s Municipal Police Jurisdiction Act (MPJA). This case provides important guidance for anyone facing DUI charges in Pennsylvania, especially when questions arise about whether officers acted… view more
Posted in Fourth Amendment on July 12, 2025
In Commonwealth v. Hightower, 2025 PA Super 129, the Pennsylvania Superior Court affirmed a York County judge’s suppression of evidence in a felony drug and firearm case. The ruling provides a critical reminder of the constitutional limits on police conduct during protective sweeps and the plain view doctrine. Background of the Case In the case,… view more
Posted in Fourth Amendment on July 6, 2025
A Centre County judge ruled that a vehicle stop and subsequent search of a vehicle were unconstitutional, resulting in the suppression of nearly an ounce of marijuana and related paraphernalia. The case, Commonwealth v. Max Jean, serves as a critical reminder of the legal protections against unreasonable searches and seizures, particularly when police rely on odor-based… view more
Posted in Fourth Amendment on June 29, 2025
Police often look for any reason to conduct a traffic stop to conduct a further investigation and look for drugs or guns. Such stops are called “pretextual”. Such stops routinely occur on interstate 80 in Centre County. The police conduct stops for people that follow too closely, have tinted windows, or drive in the left… view more
Posted in Fourth Amendment on June 29, 2025
Can Police Still Use the Smell of Marijuana to Justify a Search in Pennsylvania? As marijuana laws continue to evolve, many Pennsylvanians wonder whether police officers can still rely on the smell of marijuana to justify a search of a home, vehicle, or other property. A recent Pennsylvania Superior Court decision, Commonwealth v. Batista, confirms… view more
Posted in Fourth Amendment on June 29, 2025
The Pennsylvania Superior Court recently issued a decision that reinforces the rights of homeowners to be free from warrantless police searches. In Commonwealth v. Duke, the Court ruled that evidence obtained from an illegal search of a man’s garage must be suppressed, leading to the dismissal of his marijuana manufacturing conviction. This case highlights the… view more
Posted in Fourth Amendment on June 29, 2025
A recent decision by the U.S. Court of Appeals for the Third Circuit is a major victory for protecting constitutional rights during traffic stops. In United States v. Theodore Clark, III, the Court ruled that evidence obtained from an illegal traffic stop could not be used in court. This case highlights how aggressive police tactics can… view more
