Constitutional Rights

Pennsylvania Superior Court Strikes Down Philadelphia Open Carry Law

In Commonwealth v. Sumpter, the Pennsylvania Superior Court declared 18 Pa.C.S. § 6108 unconstitutional as applied, marking a major victory for Second Amendment advocates. The decision strikes at the heart of Philadelphia’s open carry restrictions, ruling that the city cannot impose criminal penalties for carrying a firearm openly without a license—when the same conduct is legal… view more

PA Supreme Court Suppresses Involuntary Confession

Background: The Case Against David Lukach David Lukach was brought in to the police station for questioning regarding a suspicious death. During the nearly four-hour interrogation, police used several controversial tactics: Lied about having strong evidence against him Repeatedly told Lukach he was “not under arrest” Implied that cooperating would help his situation Took advantage… view more

Court Rules Police Cannot Open Car Door Without Justification

In a significant Third Circuit decision, the court ruled that police officers violated the Fourth Amendment when they opened a car door during a routine traffic stop without reasonable suspicion. The case, United States v. Donte Dowdell (No. 21-3251), highlights the critical importance of timely legal arguments and raises important questions about the scope of… view more

No Warrant Needed to Search Abandoned Cell Phone

Many people want to know if the police need to obtain a warrant before searching a person’s cell phone.  In Pennsylvania, the answer is that it depends. Given the rise in the importance of cell phones, courts grabbled with a person’s 4th Amendment rights when applied to phones, primarily focusing on whether or not warrants… view more