Pennsylvania recently joined several other states in passing a law permitting the use of medical marijuana as treatment for certain serious medical conditions and illnesses. As a new state to operate a medical marijuana program, authorities are warning patients that federal law bars users of marijuana, still a Schedule 1 drug under Federal Law, from […]
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PA DL-26B Satisfies Birchfield and Puts Citizens on Notice – or does it?
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 […]
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 […]
