BriefLaw: Commonwealth v. George Kubis

Posted by on Aug 15, 2009 in Case Law Summaries, Motor Vehicle Search, Suppression of Evidence |

Commonwealth v. George Kubis 2009 PA Super 140 (7/21/2009) Topic: Seizure of a Vehicle Without a Warrant – Summary: Where the elements of the Illinois v. McArthur test are met, police may temporarily seize an automobile while waiting for a search warrant to be issued. http://www.pacourts.us/OpPosting/Superior/out/s30027_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click...

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BriefLaw: Commonwealth v. Chase

Posted by on Nov 29, 2008 in Case Law Summaries, Motor Vehicle Search |

Commonwealth v. Chase, J-116-2006 Topic: Motor Vehicle Stop-Reasonable Suspicion for Stop Summary: Chase argued that the Pennsylvania Legislature acted unconstitutionally by lowering the standard for motor vehicle stops from probable cause to reasonable suspicion. The Supreme Court concluded that 75 Pa.C.S.A. Section 6308(b) is not unconstitutional under the Pennsylvania or United States Constitutions. Further, the Court concluded: “if...

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BriefLaw: Commonwealth v. Kemp

Posted by on Nov 29, 2008 in Case Law Summaries, Motor Vehicle Search |

Commonwealth v. Kemp, 2008 PA Super 274 Topic: Motor Vehicle Stops-Ortiz and Johnson Summary: When a defendant is told he is free to leave in a motor vehicle stop and the police officers engage him before he leaves the scene, the police officers are not required to disregard the facts observed during the initial stop. This en banc decision overturns Commonwealth v. Ortiz, 786 A.2d 261 (Pa.Super. 2001) and Commonwealth v. Johnson, 833 A.2d 755...

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Case Summary: In the Interest of O.J.

Posted by on Oct 8, 2008 in Case Law Summaries, furtive movement, Motor Vehicle Search, Weapon Search for Officer Safety |

In the Interest of O.J. 2008 PA Super 234Topic: Motor Vehicle Stop-Vehicle Search Brief Legal Summary: If the driver or passenger of a vehicle makes furtive movements in a vehicle, the police may search the area where the movements were directed for their safety: Case Summary: The police observed O.J.’s vehicle going 40mph in a 25 mph zone and failing to stop at a traffic light. After activating their lights and sirens, the officers gave...

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