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 […]
Commonwealth v. Wallace, 2008: Anticipatory Search Warrants
A new case has come down from the Pennsylvania Superior Court, reversing a trial courts suppression of evidence obtained by an anticipatory search warrant. The decision, Commonwealth v. Wallace, 2008 Pa. Super. 144 (Pa. Super. 2008), finds that a warrant issued pursuant to Pennsylvania Rule of Criminal Procedure 203 (F) was sufficient where the affiant […]
Criminal Lawyer Update: Corroborating Informant Tips
There’s a new case regarding informant tips and corroboration from the Superior Court of Pennsylvania, in Commonwealth v. Brown, 2008 Pa. Super. 138 (Pa. Super. 2008). The facts of this case are relatively straight forward. A “confidential” informant calls 911 and says “Tom” will be at an intersection, which is known as being busy, at […]
Criminal Lawyer Update: Mere Encounters of the Close Kind
In a brand new opinion authored by Judge Stevens, the Pennsylvania Superior Court holds that the interaction between citizens and a police officer is a mere encounter, where the citizens are parked on the side of a road and the officer parks a patrol vehicle about 20 feet away and shines the headlights into the […]
Criminal Lawyer Update: Verbose Rant Gilds Recent Drug Suppression Opinion by Superior Court
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 […]
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