by William Bickerton | May 29, 2009 | Case Law Summaries, Constitutional Rights, DUI
Commonwealth v. Gregory Philip Kendall 2009 PA Super 100 (5/29/2009)Topic: Reasonable Suspicion – Automobile Stop – Officer’s Duty to AidSummary: Where an officer approaches a vehicle to render aid, the incident is a mere encounter and reasonable...
by Lea Bickerton | May 29, 2009 | Case Law Summaries, Constitutional Rights, sentencing
Commonwealth v. Syvol Bowen 2009 PA Super 94 (5/21/2009)Topic: Sentencing – Fifth Amendment Right to Remain SilentSummary: A sentencing court may not use a defendant’s silence as its sole reason for enhancing a sentence. Additionally, a sentencing court...
by Lea Bickerton | May 29, 2009 | Case Law Summaries, Constitutional Rights
Commonwealth v. Charles Joseph Lucarelli J-83-2008 (5/27/2009)Topic: Right to Counsel – Waiver or Forfeiture of Right to CounselSummary: Where a defendant forfeits his right to counsel, Pa.R.Crim. P. 121 does not apply and a colloquy is not...
by Lea Bickerton | Oct 30, 2008 | Checkpoints, Constitutional Rights
A federal judge has refused to prevent Washington D.C. police from setting up traffic checkpoints that bar “motorists who would not prove they lived in the area or who did not reveal their destination” from entering the neighborhood. The Partnership for...
