General

Mere Possession Not Enough for Receiving Stolen Property Charge

A recent Pennsylvania Superior Court decision provides an important reminder that simply possessing stolen property does not automatically make someone guilty of Receiving Stolen Property (RSP). In Commonwealth v. Alvarez, the Superior Court affirmed the dismissal of a felony Receiving Stolen Property charge because the Commonwealth failed to establish evidence that the defendant knew the… view more

PA Court Upholds ARD Denial After DUI Blood Test Refusal

Pennsylvania’s Superior Court recently addressed whether a DUI defendant can be denied entry into the Accelerated Rehabilitative Disposition (ARD) program after refusing a blood test in a Huntingdon County DUI case.  In Commonwealth v. Falzone, the court held that denying ARD under these circumstances does not violate a defendant’s constitutional rights. Background of the Case… view more

PA Supreme Court Allows Seizure of Firearm During Traffic Stop

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

PA Father Jailed After Secretly Recording Custody Conference

Many people watch TV and see people secretly recording meetings or discussions and assume that doing so is legal.  In Pennsylvania, that is not the law, and ignorance of the law is no defense. In Commonwealth v. Cline, 2017 PA Super 417, the Cline had been convicted of violating the Wiretap and Electronic Surveillance Control… view more

PA Court Affirms Contempt Conviction for Courtroom Cellphone Use

A Pennsylvania Superior Court decision emphasizes the importance of respecting courtroom rules and judicial authority. In In re: Sheldon Arrington, 2019 PA Super 218, the court upheld a criminal contempt conviction against a long-time Allegheny County probation officer for violating the court’s cellphone policy and disobeying a judge’s direct order. This case highlights the serious… view more

PA Court Reverses DUI Conviction Over Blood Draw Consent Issue

The Pennsylvania Superior Court has once again reinforced the importance of protecting drivers’ constitutional rights during DUI investigations. In the decision of Commonwealth v. Krenzel, No. 2049 EDA 2018 (Pa. Super. May 20, 2019), the court reversed a Chester County woman’s DUI conviction after finding that police failed to properly advise her of her right… view more

PA Man Held in Contempt After Calling Judge a Nasty Name

In Commonwealth v. Outlaw, the Pennsylvania Superior Court upheld a direct criminal contempt conviction after a defendant called the judge a profanity during a hearing. This case highlights how verbal outbursts and disruptive behavior in a Pennsylvania courtroom can quickly escalate into a criminal contempt charge under 42 Pa.C.S. § 4132(3). 🧑‍⚖️ What Happened in… view more

PA Supreme Court Clarifies “Substantial Force” in Resisting Arrest Cases

In Commonwealth v. Crosby, 30 WAP 2023, the Pennsylvania Supreme Court interpreted the Resisting Arrest statute (18 Pa.C.S. § 5104) and clarified what “substantial force” means to uphold a conviction. 🔑 Legal Question What does it mean to “employ…means justifying or requiring substantial force to overcome the resistance” under 18 Pa.C.S. § 5104 [resisting arrest]? Crosby was… view more

PA Supreme Court Clarifies Duty to Show License During Traffic Stops

In a significant ruling on Pennsylvania traffic law, the Supreme Court of Pennsylvania in Commonwealth v. Chisebwe (2024), held that drivers must immediately present their license and registration when requested by police during a lawful traffic stop. A 25-minute delay—even if the documents are eventually produced—violates the Pennsylvania Motor Vehicle Code. 🔍 Case Background: What Happened… view more

Armed Mob Quarantines Men By Downing Tree

The Coronavirus epidemic is bringing out the best in some people, with people sewing masks for medical personnel, and community members coming together to support one another with physical, mental, and emotional needs.  Regrettably, bad times also brings out the worst in some people, exemplified by a recent vigilante incident in Maine.  According to online… view more