The Pennsylvania Superior Court rules that defendants must have a reasonable expectation of privacy to enjoy the evidentiary exclusionary rule provided in the Pennsylvania Wiretapping and Electronic Surveillance Act (“WESCA”) and that authorization orders issued pursuant to WESCA serve as the functional equivalent of traditional search warrants. In two recent opinions on the Pennsylvania Wiretapping […]
PA Sup. Ct. Exceptions to Spousal-Communication Privilege
In one of the latest criminal law opinions by the Pennsylvania Superior Court, it carves out an exception to the spousal-communication privilege, codified at 42 Pa.C.S. Sec. 5014, holding that the privilege must yield to child abuse prosecutions. To read the case, Commonwealth v. Hunter, — A.3d —- (2013), 2013 WL 150779, click here. No […]
Eyeball Falling Out in Court Causes Mistrial
This is too good not to keep sharing. A complainant’s eyeball falls out in court, shocks the jury, and causes a mistrial. Check it out here (subscription required to view). If you enjoyed this post, check out this article about criminal defense. Were You Charged with a Crime in Pennsylvania or New Jersey? If so, […]
PA Sup. Ct. Rules Wiretap Act Does Not Prohibit Fake Texts
The following story was originally published in the January 2012 edition of Upon Further Review, a publication of the Philadelphia Bar Association. Reprinted here with permission of the Philadelphia Bar Association. Pennsylvania Supreme Court Rules Wiretap Act Does Not Prohibit Fake Text Messages In the latest decision on the Pennsylvania Wiretapping and Electronic Surveillance Control […]
PA Wiretap Act Amendments Give Police Teeth
The following story was originally published in the November 2012 edition of Upon Further Review, a publication of the Philadelphia Bar Association. Re-printed here with permission of the Philadelphia Bar Association. Amendments to Pennsylvania’s Wiretap Act Give Law Enforcement Teeth Law enforcement has always had to keep up with the use of technology in criminal […]
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