0

The Pittsburgh Post-Gazette reports that eight Allegheny County law enforcement agencies coordinated to execute 20 arrest and 18 search warrants for various drug charges in the Penn Hills area. While some warrants remained to be issued, at least 9 individuals were arrested.

For more information, go to:

http://www.post-gazette.com/pg/09324/1015063-100.stm?cmpid=latest.xml

Continue Reading

0

The Pittsburgh Post-Gazette reports that the Pennsylvania Attorney General’s Office has arrested individuals alleged to be part of a cocaine-selling drug ring based in Monroeville, Pennsylvania.  Fourteen people face charges related to the drug ring.

For more information, go to:

http://www.post-gazette.com/pg/09320/1013937-100.stm?cmpid=latest.xml

Continue Reading

BriefLaw: Commonwealth v. Rowe

Published on 16 November 2009 by in Blog

0

Commonwealth v. Collin Rowe 2009 PA Super 215 (11/12/2009)

Topic: Warrantless Entry – Motion to Suppress

Summary: A police officer must be able to identify exigent circumstances to justify a warrantless entry into a home.  An open door during the “typical waking hours of the night” with no other facts showing exigency is insufficient to justify a warrantless entry.

Facts: During a nighttime storm that caused downed powerlines, a police officer entered Rowe’s home through an open rear door.  The officer witnessed nor received any reports of suspicious activity.  The officer also did not receive any calls or requests for help at Rowe’s address.  The officer announced his presence and proceeded to search the residence.  The officer recovered a marijuana pipe. The officer took the pipe and left the residence.  Rowe was charged with possession of drug paraphernalia (35 Pa.C.S.A. Section 780-113(a)(32)).  The Superior Court concluded that the facts as presented were not sufficient to justify the officer’s warrantless entry into Rowe’s home.

http://www.aopc.org/OpPosting/Superior/out/A09011_09.pdf


Continue Reading

BriefLaw: Commonwealth v. Steven Smith

Published on 04 November 2009 by in Blog

0

Commonwealth v. Steven T. Smith 2009 PA Super 209 (10/30/2009)

Topic: Drug Offenses – Mandatory Sentences – Sentencing Entrapment and Sentencing Manipulation

Summary: If the Commonwealth prolongs an investigation in order to increase a defendant’s sentence, the mandatory sentence will not apply to the latter sentences.

Facts: The Attorney General’s Drug Strike Force made four controlled drug buys from Steven T. Smith over the course of a year.   The additional transactions raised the mandatory minimum sentence from three years to seven years.  The Superior Court concluded that the additional mandatory time will not stand if the Commonwealth intentionally waited to arrest and prosecute Smith in order to make a  more severe mandatory minimum sentence apply.

http://www.aopc.org/OpPosting/Superior/out/s74010_09.pdf

Continue Reading

Call Now
Send a Text