Constitutional Rights

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

Superior Court Overturns Cumberland County DUI Conviction

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