Consent to a blood test cannot lawfully be based on the threat of enhanced criminal penalties.
The Pennsylvania Superior Court in Commonwealth v. Moyer, 2008 Pa. Super. 173 (2008), holds a consent to search person and car vitiated as involuntary due to coercive circumstances. The relevant facts of the case are as follows: Two state troopers noticed the defendant’s car with one tail light with a hole in the cover, exposing […]
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 […]