Articles

Apologies, Nerves, & Loquaciousness Do Not Provide Reasonable Suspicion to Prolong Traffic Stop

Filed under: Criminal Law by Contributor @ May 15, 2015

On the heels of the United States Supreme Court’s decision in Rodriguez v. United States to limit the duration of traffic stops, the Pennsylvania Superior Court recently held that where a valid traffic stop has been completed, to pass constitutional muster, the officer must demonstrate cause for suspicion independent of any basis on which he conducted […]

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Wall Street Journal: Private Companies Eroding Expungement Process

Filed under: Criminal Law by Contributor @ May 8, 2015

The Wall Street Journal reported earlier this week that official expungement of criminal records may not be the end of the story for individuals suffering the collateral consequences of crimes supposedly wiped off the books. Expungement is the process of eliminating records of past criminal charges. Sometimes it involves purging the searchable records of law enforcement […]

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New PA Rules for Summary Incarceration

Filed under: Criminal Law by Contributor @ May 6, 2015

The Pennsylvania Rules of Criminal Procedure are being amended, effective July 1 of this year, to incorporate the principle that, for summary cases, a defendant should be released on recognizance (ROR) and that collateral be set only if the issuing authority has reasonable grounds to believe that the defendant would not appear.  The changes apply […]

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SCOTUS: Dog Sniffs in Traffic Stops That Add Extra Time to Stop Are Unconstitutional

Filed under: Criminal Law, Drug Crimes by Contributor @ April 26, 2015

In a 6-3 decision, authored by Associate Justice Ruth Bader Ginsburg, the United States Supreme Court on Tuesday held in Rodriguez v. United States, that, absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Fourth Amendment protection from unreasonable seizures.  The decision may have significant consequences […]

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SCOTUS Slaps Down State Court Lifetime Monitoring Program on 4th Amendment Grounds

Filed under: Sex Crimes by Contributor @ April 20, 2015

In a per curiam decision, Grady v. North Carolina, the United States Supreme Court on Monday granted the petitioner’s writ of certiorari and immediately vacated the judgment of the Supreme Court of North Carolina.  This decision allows two-time sex offender Torrey Dale Grady to challenge a tracking device that he was ordered by a state trial […]

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