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 […]
Search Warrants and Property Destruction During a Search
When police execute a search warrant on a home, the interior of that home is sometimes left unrecognizable. Broken flower pots, ripped-up floor boards and shredded Teddy Bears are some of the pictures that come to my mind when thinking about how police leave a home after a search. If the search is pursuant to […]
Criminal Lawyer Update: Although Plain View Doctrine May Establish Probable Cause, its Not an Exception to the Warrant Requirement
We all know that the general rule is that police must have a valid search warrant to search or seize objects in a home. In a new case handed down by the Superior Court of Pennsylvania, Commonwealth v. Newton, 2007 Pa. Super. 409 (2007), in an opinion written by Judge Johnson, the Court reaffirms this […]
Officer Background Not Enough to Establish Probable Cause
“Police training and experience, without more, is not a fact to be added to the [amount] of evidence to determine if probable cause exists…” The Pennsylvania Supreme Court has finally put it’s foot down on police officers’ end-run around having probable cause in making arrests for single narcotics transactions in Commonwealth v. Dunlap, 2007 Pa. […]
Casual Home Visitors Have a Reasonable Expectation of Privacy
A favorable cases for the defense this year is in the area of warrantless home searches in Commonwealth v. Arnold, 2007 PA Super 248, 932 A.2d 143 (Pa. Super. 2007). In Arnold, the police responded to a noise complaint from residents of the lower level of an apartment building. When the police were finished speaking […]
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