by Marc Neff
United States Supreme Court to Decide Whether Videos of Dog Figting, Other Forms of Animal Cruelty, Are Protected by the First Amendment’s Right of Free Speech
In Philadelphia last year, a Federal Appeals Court declared a rarely used law prohibiting the sale or possession of photos or videos of animals being maimed, mutilated, tortured, wounded, or killed, unconstitutional on First Amendment grounds. The Federal law which was passed over a decade ago, was enacted to combat a growing underground trade involving videos which portray dog fights or the...
by Marc Neff
Governor Rendell Calls for Legislation to Eliminate the Possibility of Parole for Repeat Offenders of Violent Crimes in Pennsylvania
Pennsylvania sentencing guidelines provide a range of years for which a convicted felon is to serve in prison. For example, sentencing guidelines would require a range of five-to-ten years for a certain crime. At some point within this range, the convicted felon becomes eligible for parole, or early release on a probationary status. Granting of parole is determined by a parole board that...
by Marc Neff
UNLIKE ROUTINE BORDER INSPECTION, REASONABLE SUSPICION REQUIRED TO SEARCH A PASSENGER’S CABIN ABOARD CRUISE SHIP
The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures by the government. Depending on the circumstances of the search and seizure, the government must show they had reason to search based on a finding of either probable cause or reasonable suspicion. Conducting a search of a person’s home generally requires probable cause; in...
by Marc Neff
New Jersey Superior Court Finds Standard of Reasonable Suspicion Necessary to Search Student’s Vehicle
The Superior Court of New Jersey recently upheld a conviction of a high school student for possession of a controlled dangerous substance, distribution of a controlled dangerous substance, and distribution within 1,000 feet of a school. The evidence used to convict the defendant was obtained through a “reasonable suspicion” search of the student’s vehicle by the school’s assistant principal....
by Marc Neff
Pennsylvania Superior Court Rules Reliability of a Confidential Informant is a Factor when Determining Reasonable Suspicion
The Pennsylvania Superior Court ruled recently in the case of Commonwealth v. Brown, regarding a police stop and seizure based on information obtained from a confidential informant. Thomas Brown was stopped by police in the Northeast section of Philadelphia, after police received information that Brown was to participate in a drug transaction at the corner of Academy Road and Grant Avenue,...
by Marc Neff
Philadelphia Teen Sentenced to 25-50 Years in Prison for Attempted Murder of Philadelphia Police Officers
A Philadelphia teenager was sentenced this week for an incident which occurred last November in which two Philadelphia Police officers were wounded. The teenager was a run-away who was living illegally in a Northeast Philadelphia; unbeknownst to the owner and property manager. He and his cousin ran an operation from a room in the house in which they would sell crack-cocaine out-of the...
by Marc Neff
New Jersey Supreme Court to Decide whether Search Warrants are Necessary in Traffic Stops
New Jersey’s standard for conducting a police search following a traffic stop has long been stricter than the Federal standard. In New Jersey, state law not only requires police to show probable cause to conduct a search, but also that there is a safety risk to them or the public; otherwise, police are required to obtain a search warrant prior to conducting a search of the stopped vehicle....
by Marc Neff
Pennsylvania Superior Court Holds that Acceptance into ARD Program Constitutes a Conviction for Sentencing Purposes on Subsequent Offenses
The Pennsylvania Superior Court recently upheld a conviction for a second Driving under the Influence offense, appealed by a minor who argued that his acceptance into an Accelerated Rehabilitative Disposition (ARD) program did not constitute a prior conviction. William Joseph Love, a minor, was charged with DUI, DUI as a minor, and careless driving in February of 2006. In June of 2006, the...
by Marc Neff
Pennsylvania Mayors Pledge to Enact Strict Gun Laws
Philadelphia Mayor Michael Nutter enacted controversial gun laws in the city, earlier this year, three of which were upheld as constitutional by Common Pleas Court Judge Jane Cutler-Greenspan. The laws, which are stricter than Pennsylvania State gun laws, require gun owners to report lost or stolen guns within 24-hours of discovering their disappearance, impose criminal penalties for failing...
by Marc Neff