In June 2016, PennDOT created a new implied consent form DL-26B, which police officers are required to read to motorists before requesting a chemical test for alcohol or drugs when DUI is suspected. This form was created to comply with the Supreme Court holding in Birchfield v. North Dakota as the prior form was clearly […]
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Trial Courts Must Conduct an Objective Inquiry Into Exigent Circumstances in DUI Warrantless Blood Test
On March 26, 2018, the Pennsylvania Superior Court held that the trial court must conduct an objective inquiry to determine whether exigent circumstances justify police officers engaging in a warrantless blood test. This inquiry must rely on the totality of the circumstances present in each DUI investigation. In Commonwealth v. Trahey, Trahey was driving a […]
PA Superior Court Holds that Social Media Must Be Authenticated to Be Admissible Evidence
On March 15, 2018, the Pennsylvania Superior Court held that social media posts must be authenticated if they are going to be introduced as evidence in criminal cases. In Commonwealth v. Mangel, a three-judge panel affirmed a decision made by an Erie County trial judge, ruling that social media posts are not admissible in criminal […]
YOUR CELL PHONE IS SAFE FROM WARRANTLESS SEARCHES (KNOW YOUR RIGHTS)
The Pennsylvania Supreme Court has ruled that police may seize your cellphone but may not search it without a warrant. Relying on the United States Supreme Court decisions in Riley v. California and United States v. Wurie, the Court held that a warrantless search of the contents of cell phone violates the Fourth Amendment. In […]
Managing Partner Steven Fairlie was quoted by ABC News regarding recent developments in the admissibility of evidence from other accusers in the Bill Cosby sexual assault case:
Managing Partner Steven Fairlie was quoted by ABC News today regarding recent developments in the admissibility of other accusers in Bill Cosby’s sexual assault re-trial: http://abcnews.go.com/US/bill-cosbys-fate-turn-pivotal-court-decision-expected/story?id=53450806
