Dear Officer: You Can Take My Computer But You Can’t Have My Password
Supreme Court of Pennsylvania rules forced disclosure of one’s computer password violates the 5th Amendment. In an issue never before decided by the Supreme Court of Pennsylvania, the Justices have held that a defendant may not be compelled to disclose the password that would allow Commonwealth law enforcement officers access to his or her lawfully seized, but encrypted computer. The...
Educators Take Note: Mandatory Reporters Failure to Act Raised to a Possible Felony-3rd Degree
The two-part act lowers the bar and increases the penalties associated with failures to report. In an act meant to protect sexual assault survivors, the Commonwealth of Pennsylvania has overhauled its child abuse laws, including those which govern mandatory reporters. In the simplest of terms, these changes, which will take effect within 60 days, are two-fold: 1) lowering the bar for...
U.S. House Representatives Make a “Pact” to Prevent Animal Cruelty
The Preventing Animal Cruelty and Torture (PACT) Act expands earlier laws and makes such acts a federal felony. While Democratic and Republican House Representatives don’t always agree, in this case they’ve come together unanimously to make various acts of animal cruelty a federal felony. The new bipartisan law, which was introduced by Representatives Ted Deutch and Vern...
Adult-Use Cannabis Legalization Bill Introduced in Pennsylvania
Lawmakers look to add home cultivation, BYOC and criminal conviction expungement. It’s not only the leaves changing in the Commonwealth. Newly introduced bills and enacted legislation involving the legal use of marijuana continue to evolve, creating an ever-changing legal landscape. Just this month, lawmakers proposed a reform bill that included home cultivation, delivery and social-use of...
New Jersey Governor Signs Red-Flag Bill into Law
This new legislation looks to further curtail gun violence through intervention and prevention. September 1st marked day one for the State of New Jersey’s Red-Flag law. The legislation, in part, provides families and law enforcement authorities the ability to petition the courts to ultimately strip firearms from those considered dangerous. New Jersey joins the growing number of states...
New Jersey Takes Another Step in Safeguarding Against DWI
Governor Phil Murphy expands the use of ignition interlock devices to further deter driving under the influence. Late this summer, the State of New Jersey enacted several new laws in its on-going efforts to prevent DWI. This includes requiring an ignition interlock device installation for first time offenders convicted of drunk driving offenses and those refusing breath tests....
Back to School Tip – Keep Open Lines of Communication
Mistakes happen and addressing possible criminal offenses head on can be an important first step. It’s that time of year again as college campuses are flooded with students of every age. Whether undergraduate or graduate, newcomer or returning, it is a time of new found independence and making one’s own decisions. For parents, it can be a time of apprehension and giving often-ignored...
Medical Marijuana and Probable Cause – The Verdict Is in
A Lehigh County judge rules search is unwarranted once a medical marijuana card is presented. The questions involving medical marijuana, and law enforcement, continue to evolve. From driving under the influence, usage in the workplace and in this case, probable cause to search a vehicle, there is no shortage of rulings as the courts apply new and existing laws to these cases. Some of the...
Mandatory Reporting Statistics Tell a Different Story
The value behind mandatory reporting laws has been overshadowed by the presumption of guilt. Mandatory Reporting requires any school employee who comes into direct contact with children to report suspected child abuse. The list of alleged child abuses is extensive and includes various types of harm (i.e. physical, mental, sexual, etc.) The Commonwealth of Pennsylvania has frequently...