Author / GDG
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Police Cannot Prolong Investigations for Purpose of Increasing Potential Penalties
The Pennsylvania Superior Court decided the case of Commonwealth v. Smith lat month, remanding the case back to the trial court in order to determine proper sentencing. Smith was arrested and charged…
November 12, 2009 -
United States Court of Appeals Holds Registration and Reporting Requirements of SORNA Unconstitutional As Applied to Adjudicated Juveniles
The Sex Offenders Registration and Notification Act, otherwise known as SORNA, was enacted by Congress in 2006 as part of the Adam Walsh Child Protection and Safety Act; legislation enacted “in order…
October 19, 2009 -
Downward Departure from Sentencing Guidelines Must Result in Final Sentence Below the Original Guideline
A recent precedential case, decided by the United States Court of Appeals for the Third Circuit, held that a downward departure from the sentencing guidelines must result in a final sentence, less…
October 16, 2009 -
Sixth Circuit US Court of Appeals Holds Inevitable Discovery Doctrine Does Not Allow for Circumvention of Warrant Requirement
The United States Court of Appeals for the Sixth Circuit recently reversed a District Court decision which denied a motion to suppress evidence seized without a warrant. The case, U.S. v. Quinney,…
October 15, 2009 -
Superior Court of New Jersey Denies Motion for Summary Judgment, Finds Employer could be Liable for Employee’s Use of Work Computer to Send and View Child Pornography
In a recent appeal, challenging a motion for summary judgment which had initially been granted, the Superior Court of New Jersey reversed the motion finding an employer can potentially be held liable…
October 13, 2009 -
United States Court of Appeals Rules Delaware’ Sports Betting Plan Violates Federal Law
A plan which would have allowed single-game betting on all major sporting events at Delaware’s three racetrack betting locations, beginning September 1st, was not allowed to take effect. The United States Court…
September 9, 2009 -
Supreme Court of the United States Holds Using Cellular Telephones to Arrange Misdemeanor Drug Purchases Does Not Constitute Facilitation
A case decided in the Supreme Court of the United States this past summer has held the use of cellular telephones between buyer and seller, to make misdemeanor drug purchases, does not…
September 3, 2009 -
Superior Court of Pennsylvania Upholds Suppression Order Under Pennsylvania’s Wiretap Act
A recent appellate decision affirmed a suppression of evidence order, granted due to a governmental violation of Pennsylvania’s Wiretap Act. Pennsylvania’s Wiretap Act criminalizes the intentional interception of wire, electronic, and oral…
September 2, 2009 -
Commonwealth Court of Pennsylvania Holds Police Must Have Reasonable Suspicion of Intoxication In Order for Implied Consent Violation to Carry Suspension
The Commonwealth Court of Pennsylvania recently affirmed a Common Pleas decision in favor of a suspected drunk driver, on appeal by the Department of Transportation, Bureau of Driver Licensing. Police were called…
August 27, 2009 -
Superior Court of Pennsylvania Rules the State Carries the Burden of Proof in Expungement Hearings
An expungement proceeding is held when a subject of a prior criminal proceeding seeks to have the earlier records sealed or destroyed. An expungement differs from a pardon, in that a conviction…
August 25, 2009