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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
Posted in Constitutional Rights on August 23, 2020
DISCLAIMER – This is NOT an article about my personal opinion on whether or not masks should be worn. I have a Juris Doctorate degree, and that degree gives me the ability to provide legal advice. I do not have a doctorate in the medical field, which means that I should NOT give an opinion on… view more
Posted in Constitutional Rights on May 25, 2020
During the Coronavirus pandemic, some people focused on buying and hoarding toilet paper, but other people chose to focus on buying a gun. According to a recent article, the Pennsylvania State Police conducted approximately 305,000 background search reports between January and March of 2020 for people that were attempting to buy a gun. That number… view more
Posted in Constitutional Rights, DUI on May 10, 2020
The Pennsylvania Superior Court recently reviewed a Cumberland County DUI conviction and concluded that the original judge had incorrectly denied the suspect’s request for suppression of evidence. In the case, captioned Commonwealth v. Wallett 1677 MDA 2019, Wallett argued that her constitutional rights were violated when a police officer stopped her vehicle in a residential… view more
