BriefLaw: Commonwealth v. Harry Galendez

Posted by on Sep 19, 2009 in Case Law Summaries, Parole, Probation, Search and Seizure, sentencing | 0 comments

Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009) Topic: Defendant’s Right to be Present – Parole and Probation Searches Summary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including the issuing of probationary conditions. 2.) Searches made as a condition of parole or probation must be supported by reasonable suspicion. Additionally, the trial court may not...

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In the News: PA wiretap law applies to text messages

Posted by on Jun 9, 2009 in Search and Seizure | 0 comments

The Pennsylvania Superior Court has ruled that, under the Pennsylvania wiretapping law, police must have a warrant to read text messages from a suspect. For more information, go to: http://www.post-gazette.com/pg/09160/976157-100.stm?cmpid=news.xml Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to email this to a friend (Opens in new...

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BriefLaw: Commonwealth v. Shawn Fickes

Posted by on Apr 11, 2009 in Case Law Summaries, DUI, Search and Seizure, Suppression of Evidence | 0 comments

Commonwealth v. Shawn Fickes 2009 PA Super 64 (4/08/2009) Topic: DUI – Suppression of Evidence – Exigent Circumstances Summary: An officer may enter a the garage of a private residence when he has probable cause to believe that the driver of a vehicle that is seen in that garage was driving under the influence. Illustration: Fickes was accused of driving over a mailbox and partially uprooting a victim’s tree. The police...

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BriefLaw: Commonwealth v. John Charles Lee

Posted by on Mar 16, 2009 in Case Law Summaries, Search and Seizure, Suppression of Evidence | 0 comments

Commonwealth v. John Charles Lee, II 2009 PA Super 43 (3/13/2009) Topic: DUI – Suppression of Evidence – Exigent Circumstances Summary: Where the police were investigating a report of property damage (an offense that is considered to be of low-gravity), there was no proof that the occupants of the home were armed & dangerous, and there was no proof that the occupants may destroy evidence, exigency did not exist and a warrant...

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BriefLaw: Commonwealth v. Hakim Johnson

Posted by on Mar 11, 2009 in Case Law Summaries, Search and Seizure, Suppression of Evidence | 0 comments

Commonwealth v. Hakim Johnson 2009 PA Super 41 (3/11/2009) Topic: Suppression of Evidence – Exigency Exception to the Warrant Requirement Summary: Where a police officer is attempting to determine the identity of a crime victim who is not suspected of committing a crime, exigent circumstances exist and a warrantless search will be justified. Illustration: Hakim Johnson was shot in the mouth and brought to the hospital. While in the...

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Other Blogs: University of Pittsburgh Faculty Law Blog "David Harris Comments on Herring v. United States"

Posted by on Jan 20, 2009 in Other Blogs, Search and Seizure, Supreme Court | 0 comments

Professor David Harris of the University of Pittsburgh has posted a commentary on the Supreme Court’s recent decision in Herring v. Unites States at the University of Pittsburgh Faculty Law Blog. Professor Harris, who is well known for his research on racial profiling, aptly summarizes the Herring decision’s effect on the Fourth Amendment rights of defendants. To read Professor Harris’ commentary, click the link below:...

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