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...

Commonwealth v. Aaron Jones 2009 PA Super 145 (7/27/2009) Topic: Motion to Suppress – Flashlight/Spotlights – Plain View Summary: The police are permitted to use a spotlight or headlights in order to get a better view of items that are on a porch. http://www.pacourts.us/OpPosting/Superior/out/A03002_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on...

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...

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...

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...

Commonwealth v. Pridgen 2009 PA Super 12 Topic: Suppression-Wiretaps Summary: The Pennsylvania Superior Court held that evidence that is the result of an illegal wiretap may be admissible under certain circumstances, but the transcript and recording of the illegal wiretap is not admissible. http://www.pacourts.us/OpPosting/Superior/out/a36017_08.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in...