News/Blog
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Police Must Have Probable Cause that a Crime is Being Committed in Order to Seize a Vehicle While Waiting to Obtain a Search Warrant
Commonwealth of Pennsylvania v. Trayvon Nmn Joseph, 34 A.3d 855, was an appeal from a Judgment of Sentence in the Court of Common Pleas. Joseph appealed his convictions for persons not to…
March 12, 2012 -
Fourth Amendment Protects Homes From Warrantless Drug Dog “Sniff Tests”
The Supreme Court of Florida has decided the case of Joelis Jardines, Petitioner, v. State of Florida, Respondent, No. SC08-2101, 2011 WL 1405080 (April 14, 2011). In this matter, police conducted a…
March 9, 2012 -
Fifth Amendment Protects Defendant’s Refusal to Produce Encrypted Computer Files
In RE: GRAND JURY SUBPOENA DUCES TECUM DATED MARCH 25, 2011 UNITED STATES OF AMERICA, v. JOHN DOE, Appellant, 2012 WL 579433, Nos. 11–12268 & 11–15421, is a decision of the United…
March 1, 2012 -
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.…
February 29, 2012 -
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…
February 22, 2012 -
Coach who Taped His Female Wrestlers Weighing In on a Scale Is Guilty of Attempted Sexual Exploitation
The United States Court of Appeals for the Eighth Circuit decided the case of United States of America, Appellant, v. Scott Johnson, Appellee, an appeal from the United States District Court for…
February 21, 2012 -
Defendant’s Child Pornography Conviction Overturned Where Other People Had Equal Access to the Computer Used to Download the Pornography
A panel of the United States Court of Appeals for the Fifth Circuit has reversed a child pornography conviction in United States of America v. Keith Moreland. At the trial of this…
February 20, 2012 -
PA Superior Court Rejects Random Searches of Home as Condition of Probation
In the recently decided case of Commonwealth of Pennsylvania v. Alexander, No. 2555 EDA 2008, 2011 WL 941191, 2011 PA Super 54 (March 18, 2011), the PA Superior Court considered whether a…
April 1, 2011 -
Ninth Circuit: Deleted Computer File Not Enough For Child Porn Conviction
In the recently decided case, U.S. v. Flyer, No. 08-10580 (2-8-11), the Ninth Circuit Court of Appeals determined that deletion of an image alone is insufficient evidence to support a conviction for…
March 31, 2011 -
Third Circuit Upholds Warrant in Child Pornography Case
The Third Circuit Court of Appeals recently found that a search warrant in a child pornography case was sufficient, even if not based on a detailed description of the computer hard drive…
March 28, 2011