In June of 2016, a York County Regional Police Officer met with her confidential informant (“CI”) and he informed her that within the last 72 hours he had “observed marijuana packaged for sale, multiple marijuana plants growing, and marijuana growing accessories” at the Manuel’s residence. The officer obtained and executed a warrant to search the […]
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Experts May Not Testify to Opinions Based Solely on Witness Accounts
In the summer of 2005, Kenneth Maconeghy Jr. allegedly raped and sexually abused an 11 year girl who he cared for while her mother was at work. Maconeghy was accused of repeatedly sexually assaulting the child while supervising her. The victim alleged that Maconeghy purposefully removed her siblings from the situation to isolate her and […]
Hearsay Enough for Preliminary Hearing? PA Court Leaves Question Unanswered
In August of 2015, the Pennsylvania Superior Court ruled in Commonwealth v. Ricker that prosecutors can sufficiently meet their burden of establishing a prima facie case through hearsay evidence alone at preliminary hearings. The purpose of a preliminary hearing is “not to establish guilt or innocence, but rather, to determine whether a prima facie case […]
Know Your Fourth Amendment Rights, You Are Protected From Unlawful Detention
In response to an anonymous radio call, Philadelphia police visited the area of the 2000 block of Croskey Street. The call indicated that five to seven men were congregated along the street playing with a gun. Upon police arrival at the scene, officers witnessed the group disperse, with two members crossing the street to the […]
Fruit of the Poison Tree: Evidence Suppressed When Obtained in Illegal Seizure
On July 19th, 2017, in Commonwealth v. Shabezz, the Pennsylvania Supreme Court ruled that in an illegal seizure of a vehicle, passengers are entitled to suppression of evidence found in the course of the seizure. Such evidence is “barred outright as fruit of the poisonous tree” and there is no additional requirement for defendants to […]
