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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
Posted in Constitutional Rights, Fourth Amendment on June 28, 2025
If you were arrested for a gun offense in Pennsylvania after a hotel room search, you may have strong legal defenses based on your constitutional rights. The Pennsylvania Superior Court recently reversed a firearm conviction in Commonwealth v. Martin, 2021 PA Super 128, finding that police unlawfully entered a hotel room without a warrant, making… view more
