In an apparent call to the Pennsylvania General Assembly to create legislation that would allow police to arrest individuals in a high-crime neighborhoods when they spot a single, isolated transaction of money for unidentifiable objects, in Commonwealth v. Wormley, 2008 Pa. Super. 107 (Pa. Super. 2008) Justice Stevens of the Pennsylvania Superior Court cites lengths […]
What Is the Independent Source Doctrine?
In a new PA Superior Court Case, Commonwealth v. Lloyd, 2008 Pa. Super. 101 (May 14, 2008), the Court upholds a search warrant for medical records obtained from a hospital by police after the county district attorney’s office illegally obtained the records. The Delaware County District Attorney’s Office obtained blood alcohol content records from a […]
Excessive Force Rampant in Philadelphia PD?
The question of whether excessive and unnecessary force in the police department is worse than we thought will hot topic heating up in the upcoming months. Today, according to news reports, two Philadelphia Police Officers have been charged with beating a man alleged to have been caught painting graffiti on a wall. One article, reported […]
Search Warrants and Property Destruction During a Search
Police sometimes destroy property or disturb the home’s contents when they execute a warrant. Visuals of broken flower pots, ripped-up floor boards and shredded Teddy Bears come to mind. A Case in Point: Comm. v. Thevenin – Police Say They’re Going to Take the Property Apart, and It Leads to a Defendant’s Admission If the […]
What’s the Difference Between Probation and Parole?
“What’s the difference between probation and parole?” This is a frequently asked question that many of my clients ask. Both probation and parole permit an individual to serve their sentence, or a portion of their sentence, in the community, instead of in jail, which many people find attractive. Also, probation and parole are both considered […]
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