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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
Posted in Constitutional Rights on June 25, 2025
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
Posted in Constitutional Rights, Fifth Amendment on June 24, 2025
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
Posted in Constitutional Rights, Fifth Amendment on June 23, 2025
Cops Can Lie, Lawyers Cannot While many people think that lawyers are dishonest and the liars in the court system, the truth is that the cops often lie to manipulate suspects into consenting to search or give confessions. I am NOT bashing the police, so if you are a police officer or friends or family… view more
Posted in Constitutional Rights, Fourth Amendment on June 22, 2025
In a significant decision shaping the limits of police authority in marijuana-related stops, the U.S. Court of Appeals for the Third Circuit ruled in United States v. Outlaw, No. 24-2114 (May 28, 2025), that the smell of marijuana alone does not give police probable cause to search or arrest a vehicle occupant, absent specific evidence… view more
Posted in Constitutional Rights on June 18, 2025
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
Posted in Constitutional Rights on August 7, 2024
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
Posted in Constitutional Rights on February 10, 2024
Routine Traffic Stop on I-80 The State Police conducted a traffic stop of a Cadillac SUV on I-80 in Union County for Following Too Closely and failing to use a turn signal when changing lanes. These are relatively minor violations, but the police often use minor violations on major roadways as an excuse to pull… view more
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 legalization of medical marijuana in Pennsylvania has created a gray area when it comes to police searches. One of the most common questions from clients facing marijuana charges is: “Can police still search my car just because they say they smell marijuana?” A recent decision from the Pennsylvania Superior Court in Commonwealth v. Barr… view more
