by Marc Neff
When Does a Traffic Stop End?
The Superior Court of Pennsylvania recently held that it was proper to suppress evidence obtained through an unlawful traffic stop. Tam Thanh Ngyuen was a passenger in a car that was pulled over for traveling 73 MPH in a 55 MPH zone. The officer approached the driver and initiated a traffic stop. After obtaining the driver’s license and registration from the driver, he asked the driver to exit...
by Marc Neff
Pass the Trash Act Aims to Protect Children in Schools
The new “Pass the Trash” act went into effect on December 21, 2014. This new act greatly increased the steps involved in hiring those who might be deemed to have “direct contact with children”. Those most impacted by this Act are schools and contractors for schools who have “direct contact with children”. Direct contact with children can be defined as “the possibility of care, supervision,...
by Marc Neff
PA Supreme Court Rules Custodial Interrogation by Parole Officer Requires Miranda Warnings
In Commonwealth of Pennsylvania v. Cooley, parole officers received a voicemail from the father of Cooley’s fiancé who stated that Cooley possessed and had been discharging firearms, and may have been selling drugs in his home. Given the nature of the relationship between Cooley and his future father in law, the parole officers handcuffed Cooley upon arrival and searched him for weapons. The...
by Marc Neff
Is a Criminal Record Ever Really Expunged?
Expungement is a court order to seal a criminal record. However, just because a criminal record has received an expungement order, does not necessarily mean that it is gone forever. Recently, a Pennsylvania woman who successfully had her record expunged, failed to receive housing because a private company doing criminal background checks was able to find the previous criminal convictions....
by Marc Neff
PA Facebook Case Reversed by United States Supreme Court
The U.S. Supreme Court ruled, in a 7-2 decision, to reverse the conviction in the case of Elonis v. United States. The Supreme Court held requiring negligence with respect to the communication of a threat is not sufficient to constitute the crime of 18 U.S.C. §875(c) communication of threats. At issue was the prosecution of a Pennsylvania man who was arrested and prosecuted under a law that...
by Marc Neff
PA Moms Need Fingerprints and Background Checks – Who will bake the cupcakes?
A Pennsylvania law set to go into effect July 1, 2015 will require that any adult who interacts with children in a school setting be fingerprinted, and submit to a criminal background check. This law amends and expands on the existing Child Protective Services Law (CPSL) and includes provisions creating clearance requirements for unpaid volunteers in schools, as well as requiring updated...
by Marc Neff
Supreme Court of the United States Finds Delays In Traffic Stops Are A Violation Of The Fourth Amendment
In a 6-3 decision issued today in the case of Rodriguez v. United States, the U.S. Supreme Court held that Nebraska police violated the Fourth Amendment by extending an otherwise lawful traffic stop in order to let a drug-sniffing dog investigate the outside of the vehicle. At issue was a 2012 traffic stop conducted by a Nebraska police officer who happened to have his K-9 dog in the cruiser...
by Marc Neff
Legalization of Medical Cannabis in Pennsylvania
As a general principle, medical marijuana is the same substance as standard marijuana. Though there is legislation underway seeking to legalize the medical use of cannabis, under Pennsylvania law, it remains illegal to use, grow, sell, or possess it. Pennsylvania Governor Tom Wolf expressed a willingness to sign a humanitarian Medical Cannabis Bill if and when it reaches his desk. This coupled...
by Marc Neff
Superior Court Clarifies “Course of Conduct” for Corruption of Minors
The Superior Court of Pennsylvania has recently clarified that “course of conduct” requires multiple acts over time to trigger the felony grading for the offense of corruption of minors. In this matter, the Defendant was convicted of corruption of minors and indecent assault. The corruption of minors count was graded as a felony as the Commonwealth contended there was a “course of conduct.”...
by Marc Neff