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
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