by Marc Neff
Supreme Court Approves Strip Searches, Even For Minor Offenses
The Supreme Court of the United States recently held, in a 5-4 decision, that officials may strip-search people arrested for any offense, no matter how minor, before admitting them to jails – even if the officials have no reason to suspect the presence of contraband. In Florence v. Board of Chosen Freeholders, Petitioner Albert W. Florence was arrested during a traffic stop by a New...
by Marc Neff
Third Circuit Court of Appeals Rules That Second Amendment Protections Are Limited for Gun Owners Who Live With Convicted Felons
In United States v. Huet, No. 10-4729 (3d Cir. Jan 5, 2012), Police executed a valid search warrant of a home shared by Melissa Huet and Marvin Hall — Hall happened to be a convicted felon. In the course of the search, police found a firearm. The Government charged Hall with illegal possession of a firearm under 18 U.S.C. § 922(g), and charged Huet with aiding and abetting his possession,...
by Marc Neff
Pennsylvania Spousal Privilege Against Testifying Applies Even to a “Collusive Marriage”
A jury convicted Appellant Lewis of tampering with public records or information, 18 Pa.C.S.A. § 4911. Ms. Lewis had worked as a Probation Officer for the Lebanon County Office of Adult Probation. In August 2007, Appellant started supervising the probation of Jeffrey Gardner, who was on electronic monitoring. In December 2007, while Appellant was supervising Mr. Gardneŕs probation, they...
by Marc Neff
Superior Court of Pennsylvania Rules that Prosecution Cannot Use a Defendant’s Silence to Prove That He is Guilty of Murder
The Superior Court of Pennsylvania reversed a Defendant’s homicide conviction in the case of Commonwealth of Pennsylvania v. Michael Molina, Appellant. Molina appealed from the judgment of sentence entered in the Court of Common Pleas of Allegheny County, Criminal Division (Pennsylvania), following his conviction for murder in the third degree and unlawful restraint. The victim in the case...
by Marc Neff
Drunk Driving Conviction Upheld
The Superior Court of Pennsylvania recently affirmed both the DUI conviction and the judgment of sentencing of Robert Toland, II, stemming from his 2006 arrest in Delaware County. Toland had been spotted by an on-duty patrolman late at night passed out behind the wheel of his car, which was parked on the street outside of a store. The headlights were on and the motor was running, and a cold,...
by Marc Neff
Consecutive Sentences for Multiple Victims Upheld, No Mitigation without Justification on Record
The Superior Court of Pennsylvania decided the case of Commonwealth v. Garcia-Rivera earlier this month, in which Melvin Garcia-Rivera had entered an open plea of guilt and was sentenced to two counts of involuntary manslaughter. Garcia-Rivera was charged in connection with a motor vehicle accident in which his two passengers were killed. The standard sentencing guideline for involuntary...
by Marc Neff
Sixth Circuit US Court of Appeals Holds Inevitable Discovery Doctrine Does Not Allow for Circumvention of Warrant Requirement
The United States Court of Appeals for the Sixth Circuit recently reversed a District Court decision which denied a motion to suppress evidence seized without a warrant. The case, U.S. v. Quinney, involved a U.S. Secret Service investigation for the counterfeiting of American currency. Agents from the Secret Service arrived at the Defendant’s residence and obtained consent to search the...
by Marc Neff
Commonwealth Court of Pennsylvania Holds Police Must Have Reasonable Suspicion of Intoxication In Order for Implied Consent Violation to Carry Suspension
The Commonwealth Court of Pennsylvania recently affirmed a Common Pleas decision in favor of a suspected drunk driver, on appeal by the Department of Transportation, Bureau of Driver Licensing. Police were called to the seen of a single-car accident in the early morning hours of August 28, 2007. The driver was found by an arriving officer, sitting on the curb next to his overturned vehicle...
by Marc Neff
Supreme Court of Pennsylvania Affirms No Right to Counsel for DUI Chemical Testing
http://www.nefflawoffices.com/attorney-profile.phpThe right of a criminal defendant to have the assistance of counsel in his defense is granted in the Bill of Rights, via the Sixth Amendment of the United States Constitution. The Sixth Amendment right to counsel differs from the Fifth Amendment right to counsel which is granted to a suspect via Miranda warnings. The Sixth Amendment right is...
by Marc Neff