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
Fifth Amendment Does Not Protect Fingerprint-Protected Devices
A Circuit Court Judge in Virginia has ruled that fingerprints are not protected by the Fifth Amendment, a decision that has clear privacy implications for fingerprint-protected devices like newer iPhones and iPads. The ruling stemmed from a case involving a defendant who was accused of strangling his girlfriend. Prosecutors believed the defendant may have stored video of the attack on his...
by Marc Neff
Appeals Court Tosses Conviction Based On Illegal Child Pornography Investigation
A federal appeals court has recently overturned a man’s conviction and 18 year prison sentence because of an illegal government investigation. The illegal search and investigation stems from a Naval Criminal Investigative agent using a software program to search private computers throughout the State of Washington for child pornography. The Department of Justice justified the search by arguing...
by Marc Neff
Government Must Present Evidence of File Sharing for Distribution of Child Pornography
The United States Court of Appeals for the Third Circuit has recently reviewed the case of United States of America v. David George Husmann. The case involved the distribution of child pornography. The defendant had allegedly placed various images of child pornography in a shared computer folder connected to a file sharing network. At trial, a jury convicted the defendant of three counts of...
by Marc Neff
Third Circuit Court of Appeals Finds Probable Cause to Search Fugitive’s Vehicle
The United States Court of Appeals for the Third Circuit has recently decided the case of United States v. Donohue. The case was a result of a government appeal from the grant of a motion to suppress physical evidence. Mr. Donohue was a fugitive and was apprehended while he entered his son’s automobile. The police proceeded to conduct an extensive and lengthy search of the vehicle, ultimately...
by Marc Neff
Pennsylvania Superior Court Declares Mandatory Minimum Statutes Unconstitutional
The Pennsylvania Superior Court recently sent shockwaves throughout the criminal justice system by declaring the state’s mandatory minimum sentencing statutes unconstitutional. The court declared that a 5 year mandatory sentence imposed for possession with intent to deliver a controlled substance, where a firearm was in the vicinity, was unconstitutional. The sentencing law only required the...
by Marc Neff
When Child Pornography is Not Child Pornography
There has been an increase in crackdowns on alleged child pornography, especially on the Internet. One must consider the ramifications of assigning the label “child pornography” to distasteful, yet perfectly legal, photos, films or digital renderings. Earlier this year, the Huffington Post published a poll concerning 13 year old French model Thylane Loubry Blondeau. Blondeau was in the news...
by Marc Neff
Supreme Court Says Phones Can’t Be Searched Without a Warrant
The Supreme Court of the United States unanimously ruled that the police need warrants to search the cell phones of people they arrest after having reviewed two separate cases. Traditionally, the courts have long allowed warrantless searches in connection with arrests, saying they are justified by the need to protect police officers and to prevent the destruction of evidence. However, in the...
by Marc Neff