In Commonwealth v. Diego, 2015 PA Super 143 (Pa. Super. June 23, 2015), the Pennsylvania Superior Court ruled that text messages sent by the defendant to an informant’s iPad were not intercepted under the Pennsylvania Wiretapping and Electronic Surveillance Control Act. To read a PDF of Diego, click here. If you enjoyed this post, check […]
Elonis v. US Leaves More Questions Than Answers
This week, the United States Supreme Court decided the case of Elonis v. United States, interpreting a federal statute criminalizing threats to injure another, 18 U.S.C. §875(c). Chief Justice Roberts delivered the opinion of the court. Basically, Section 875(c) is silent on the level of intent, or scienter, the government must prove to find a […]
Dog Sniff During Traffic Stop Held Unconstitutional
The following story is one I wrote, which was originally published in the April 2015 edition of Upon Further Review, a publication of the Philadelphia Bar Association. Re-printed here with permission of the Philadelphia Bar Association Sit! Stay! Dog Sniff During Routine Traffic Stop Held Unconstitutional. Brad V. Shuttleworth, Esq. on 4/22/2015″Well, we’ll see how […]
PA Sup. Ct. Refutes Car Search During Illegal Detention
Just a week after the United States Supreme Court suppressed evidence discovered as a result of an dog sniff because police unjustifiably prolonged a traffic stop in Rodriguez v. United States, 575 U.S. _ (Apr. 21, 2014) (see my April 26, 2015 blog post), the PA superior Court in Commonwealth v. Nguyen, 2015 PA Super. 98 […]
SCOTUS Rules GPS Monitoring Constitutes a Search
In Grady v. North Carolina, 575 U.S. __ (2015) (March 30, 2015), the United States Supreme Court has granted certiorari on whether the non-consensual GPS monitoring of a sex offender constitutes an unreasonable search under the Fourth Amendment to the United States Constitution. In granting certiorari, it held that the monitoring program is a search, […]
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