A strong advocate
for your rights and future
Posted in Fourth Amendment on June 9, 2026
The Pennsylvania Superior Court, sitting en banc, recently issued a significant Fourth Amendment decision in Commonwealth v. Herlth that held that police violated constitutional protections against unreasonable searches when a state trooper shined a flashlight through a small manufacturer’s hole in a closed shoebox inside a man’s home during an overdose response. The ruling reinforces… view more
Posted in Fourth Amendment, General on May 24, 2026
The Pennsylvania Supreme Court’s recent decision in Commonwealth v. Hawkins-Davenport provides important clarification on the scope of police authority during routine traffic stops—particularly when officers observe a firearm in plain view. Factual Background The case arose from a routine traffic stop in Philadelphia based on a vehicle equipment violation. During the stop, officers observed a… view more
Posted in Constitutional Rights, DUI, Fourth Amendment on April 9, 2026
The Pennsylvania Superior Court’s decision in Commonwealth v. Smith reinforces two critical principles in DUI litigation: (1) the relatively low threshold required for police to initiate a DUI stop, and (2) the continued viability of warrantless blood draws based on voluntary consent. Factual Background Smith was driving during the early morning hours in Mercer County… view more
Posted in Fourth Amendment on February 10, 2026
U.S. Supreme Court Clarifies Emergency Aid Exception to the Fourth Amendment In Case v. Montana, the U.S. Supreme Court reaffirmed that police may enter a home without a warrant when they have an objectively reasonable basis to believe an occupant is seriously injured or facing imminent harm. The Court rejected the argument that probable cause is… view more
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
