Criminal Law

Court Upholds Suppression of Incriminating Video Files Discovered on Computer at Repair Shop

Applying a property-based Fourth Amendment analysis, the Superior Court recently held that incriminating video files discovered on a computer by a technician performing repairs could not be offered into evidence. Commonwealth v. Sodomsky

By | 2017-05-19T22:51:28+00:00 June 25th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , |Comments Off on Court Upholds Suppression of Incriminating Video Files Discovered on Computer at Repair Shop

Parole Board Retained Jurisdiction to Recommit Delinquent Parolee after his Sentence Expired

The Pennsylvania Board of Probation and Parole was not divested of jurisdiction to recommit a convicted parole violator when it failed to declare the parolee delinquent before the expiration of his original sentence, the Commonwealth Court held in Price v. Pennsylvania Board of Probation and Parole

By | 2015-06-10T14:23:19+00:00 June 16th, 2015|Categories: Administrative Law, Criminal Law|Tags: , , , , , , |Comments Off on Parole Board Retained Jurisdiction to Recommit Delinquent Parolee after his Sentence Expired

Invocation of Miranda-based Right to Counsel Must Occur in Close Temporal Proximity to Custodial Interrogation

An arrestee’s anticipatory invocation of his Fifth Amendment right to counsel did not require suppression of statements he made during a subsequent uncounseled interrogation, the Pennsylvania Supreme Court ruled in Commonwealth v. Bland

By | 2017-05-19T22:51:28+00:00 June 12th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , |Comments Off on Invocation of Miranda-based Right to Counsel Must Occur in Close Temporal Proximity to Custodial Interrogation

Dash Cam Video Reveals Police Officer Exceeded Lawful Scope of Terry Frisk

Drugs discovered in a suspect’s pocket during an initial pat-down should have been suppressed where the illegal nature of the evidence was not immediately apparent without further manipulation, the Superior Court ruled in Commonwealth v. Griffin.

By | 2015-05-26T11:13:52+00:00 May 28th, 2015|Categories: Criminal Law|Tags: , , , , , , |Comments Off on Dash Cam Video Reveals Police Officer Exceeded Lawful Scope of Terry Frisk

Direct Supervision of Child Not Required for Conviction of Endangering Child’s Welfare

The crime of endangering the welfare of children does not require direct supervision of a child, only supervision of the child’s welfare, the Pennsylvania Supreme Court held in Commonwealth v. Lynn.

By | 2017-05-19T22:51:29+00:00 May 20th, 2015|Categories: Criminal Law|Tags: , , , , , |Comments Off on Direct Supervision of Child Not Required for Conviction of Endangering Child’s Welfare

Defective Warrant No Bar to Admissibility of Electronic Evidence Seized from Defendant’s Cell Phone

Electronic evidence seized from a defendant’s cell phone was admissible even though the magisterial district judge lacked authority to issue the search warrant, the Superior Court held in Commonwealth v. Dougalewicz.

Amendments to Criminal Rules for Setting of Collateral in Summary Cases

The Pennsylvania Supreme Court has amended the Rules of Criminal Procedure governing the setting of collateral and incarceration for failure to post collateral in summary cases. The Court’s order, dated April 10, 2015, is effective July 10, 2015.

By | 2017-05-19T22:51:29+00:00 April 30th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , , , |Comments Off on Amendments to Criminal Rules for Setting of Collateral in Summary Cases

Full Forfeiture of Bail Bond Justified in Fulton County Murder-Suicide Case

Full forfeiture of a bail bond was warranted where the surety failed to contact the defendant in any manner following his release, the Superior Court ruled in In re Hann.

By | 2017-05-19T22:51:30+00:00 April 8th, 2015|Categories: Criminal Law|Tags: , , , , |Comments Off on Full Forfeiture of Bail Bond Justified in Fulton County Murder-Suicide Case

PA Supreme Court Rejects Attorney General’s Request to Quash Appointment of Special Prosecutor

A supervising judge was authorized to appoint a special prosecutor to investigate and prosecute alleged violations of grand jury secrecy requirements by Attorney General Kathleen Kane, the Pennsylvania Supreme Court ruled in In re Thirty-Fifth Statewide Investigating Grand Jury.

By | 2015-04-07T09:32:58+00:00 April 7th, 2015|Categories: Criminal Law|Tags: , , , , , , |Comments Off on PA Supreme Court Rejects Attorney General’s Request to Quash Appointment of Special Prosecutor