by Marc Neff

Pennsylvania Courts Uphold Institutional Sexual Assault Statute as Applied to Teachers’ Aide and 18 Year Old Student

A teacher’s aide who worked at a high school and admitted to engaging in sexual activities with an 18-year old male student was unsuccessful in her appeal of the trial court’s judgment of sentence. Appellant asserted that section 3124.2(a.2)(1) of the Commonwealth’s institutional sexual assault statute was both unconstitutionally vague and unconstitutionally overbroad. The court rejected both...

by Marc Neff

PA Supreme Court Rules Custodial Interrogation by Parole Officer Requires Miranda Warnings

In Commonwealth of Pennsylvania v. Cooley, parole officers received a voicemail from the father of Cooley’s fiancé who stated that Cooley possessed and had been discharging firearms, and may have been selling drugs in his home. Given the nature of the relationship between Cooley and his future father in law, the parole officers handcuffed Cooley upon arrival and searched him for weapons. The...

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

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...