by Marc Neff
US Supreme Court Struggles with Child Pornography Restitution
Justices at the US Supreme Court on Wednesday grappled with the difficult question of whether a person convicted of downloading and possessing two computer images of child pornography can be forced to pay $3.4 million in restitution to the child-victim depicted in the two illicit images. The justices are examining how judges are to award restitution payments to victims identified in...
by Marc Neff
Pennsylvania Supreme Court Rejects Search of Automobile
The Supreme Court of Pennsylvania recently reviewed a case involving “live-stop” procedures. A police Corporal in Harrisburg, PA initiated a vehicle stop after the defendant was observed entering the flow of traffic without using a turn signal. The vehicle, driven by the defendant, pulled over and came to rest with the passenger side tires close to the curb so that the vehicle was not...
by Marc Neff
Pennsylvania seeks to Increase Penalties for Child Pornography Crimes
The Pennsylvania State Senate recently approved a bill to increase the degree of child pornography crimes. The bill was approved in response to the Jerry Sandusky and Catholic clergy molestation scandals that have occurred in Pennsylvania. Under the new bill; producing, disseminating or viewing child pornography would be considered more serious crimes if the material depicts indecent contact...
by Marc Neff
Social Media Ban for Paroled Sex-Offenders
A New Jersey court has recently ruled that paroled sex offenders can be barred from social media websites such as Facebook, LinkedIn and other online social networks. Two paroled sex-offenders challenged the restriction saying that the social networks were important ways to get news and find business opportunities. The three-judge panel ruled that the offenders can be kept off the social...
by Marc Neff
United States Supreme Court Says GPS Tracking Requires a Warrant
Antoine Jones was being investigated by the FBI and a local police department for narcotics violations. During the course of the investigation, the FBI placed a global positioning device on Jones’s vehicle without a warrant. This device tracked his movements 24 hours a day for about four weeks. The government used the tracking information in the criminal trial against Jones to show his...
by Marc Neff
Pennsylvania Court Rules No Notice Needed For Use of Blood Sample for Criminal Proceedings
During the evening of October 22, 2008, Daniel Roger Smith, consumed approximately eight beers while watching the Philadelphia Phillies defeat the Tampa Bay Rays in Game 1 of the World Series. He finished drinking at 11:00 or 11:30 that night and went to bed. He awoke the next morning and, apparently feeling no ill effects from his drinking the night before, drove himself to work. Around 11:00...
by Marc Neff
No Warrant Needed for Inventory Search of Unresponsive Crash Victim’s Vehicle
Danielle Gatlos was involved in a motor vehicle accident in Pennsylvania. When the police arrived on the scene, she was unconscious and unresponsive. The officers went into Danielle Gatlos’ vehicle and handbag to obtain her identity and to inventory her belongings. During this investigation, the police discovered marijuana. Danielle was eventually charged with possession of marijuana and...
by Marc Neff
Attorney General Proposes Drug Sentencing Reforms
Attorney General Eric Holder has approached the Justice Department with a new initiative called “Smart On Crime.” Mr. Holder is calling for major changes to the nation’s criminal justice system that would hopefully scale back the use of harsh mandatory sentences for certain drug-related crimes. Mandatory minimum prison sentences were initiated in the 1980’s during the government’s war...
by Marc Neff
Court Restricts Police Searches of Phone Data
Recently, the New Jersey Supreme Court ordered that law enforcement agencies will now have to obtain a search warrant before obtaining tracking information from cell phone providers. The ruling involved a case that began with a string of burglaries in homes in New Jersey. A court ordered the tracing of a cell phone that had been stolen from one of the homes and located a suspect. Further...
by Marc Neff