Suppression

Superior Court Strikes Philadelphia Local Rule on Deadline for Appealing Municipal Court Suppression Ruling

A Philadelphia local rule imposing a 15-day deadline to appeal a municipal court’s suppression ruling is void and unenforceable, the Pennsylvania Superior Court decided in Com. v. Williams.

By | 2015-10-26T10:51:08+00:00 October 29th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Superior Court Strikes Philadelphia Local Rule on Deadline for Appealing Municipal Court Suppression Ruling

Parole Agents Authorized to Frisk Non-Parolees for Weapons

A parole agent may perform a protective frisk of a person present during a routine check of a parolee’s approved residence if the agent reasonably suspects that person is armed and dangerous, the Pennsylvania Superior Court held in Com. v. Mathis.

By | 2017-05-19T22:51:26+00:00 October 13th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Parole Agents Authorized to Frisk Non-Parolees for Weapons

Commonwealth not Required to Provide Written Transcripts of Crime Victims’ Video Interviews

The Commonwealth is under no obligation to prepare written transcripts of videotaped victim interviews for a criminal defendant, the Pennsylvania Superior Court held in Com. v. Robinson

By | 2015-08-12T12:01:59+00:00 August 20th, 2015|Categories: Criminal Law, General|Tags: , , , , , , |Comments Off on Commonwealth not Required to Provide Written Transcripts of Crime Victims’ Video Interviews

Sender of Incriminating Text Messages to Informant’s Tablet Computer Lacked Reasonable Expectation of Privacy

A defendant lacked a reasonable expectation of privacy in the contents of a text message conversation he had with a police informant, the Pennsylvania Superior Court held in Com. v. Diego.

By | 2017-05-19T22:51:28+00:00 July 13th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Sender of Incriminating Text Messages to Informant’s Tablet Computer Lacked Reasonable Expectation of Privacy

Parolee Subject to Custodial Interrogation on New Crimes Entitled to Miranda Warnings

Parole agents violated a parolee’s Fifth Amendment rights by interrogating him about new crimes while he was in custody, the Pennsylvania Supreme Court held in Com. v. Cooley, III.

By | 2017-05-19T22:51:28+00:00 July 6th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , |Comments Off on Parolee Subject to Custodial Interrogation on New Crimes Entitled to Miranda Warnings

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

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

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.