Last Thursday at a press conference, the District Attorney in Lycoming County announced two big arrests of drug dealers who were supplying much of north-central Pennsylvania with fentanyl, cocaine, and methamphetamine. Like in most press conferences, he held up the mugshots of the two ringleaders and displayed an impressive assortment of drugs that they seized […]
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Possession with intent to deliver heroin and cocaine dismissed
We got a great result today at a Montgomery County Preliminary Hearing by getting the case dismissed. The allegation was that our client was driving back from Philadelphia and swerved over the white fog line. He was pulled over, asked to step out, and subjected to a K9 sniff of his car. The K9 circled […]
Drug Delivery Resulting in Death May Not Apply to Users
The Third Circuit has decided the case of United States v Semler, which holds that when two heroin addicts jointly acquire a small amount of heroin for their mutual use, there is not a “transfer’ within the meaning of the statute and therefore the 20 year mandatory minimum cannot be imposed under federal law. While […]
If medical marihuana is legal, why does the odor of marihuana permit police to immediately enter and search a car?
The Pennsylvania Supreme Court has agreed to take up the issue of whether the smell of marihuana can justify police entering and searching a car now that medical marihuana is legal. A Lehigh County Judge had suppressed evidence (a gun) found pursuant to such a search. The Pennsylvania Superior Court reversed that holding on the […]
Pennsylvania probation officers can’t prohibit use of medical marijuana
The Pennsylvania Supreme Court just struck down Lebanon County’s ban on the use of medical marijuana by people who are on probation. Many other Pennsylvania counties, including Montgomery County, have the same rule, so the decision will have a significant impact. The Court’s reasoning was that the legislature has permitted medical marijuana so the probation […]
