In America legislators are elected by voters. The majority of political candidates run on a platform of being tough on crime. Candidates often try to demonstrate to constituents that they are tough on crime by proposing legislation criminalizing something. This creates a ratchet type system of punishment in America. As the ratchet turns punishment for […]
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Attorneys Challenge Attorney General Office’s Authority To Prosecute Their Cases
Pennsylvania Attorney General Kathleen Kane’s office was confronted today with a new legal issue which may have far-reaching implications for law enforcement official statewide. Attorneys for three criminal defendants charged with child pornography argued that as a result of the suspension of Kane’s license to practice law this fall, her current policy of delegating legal […]
Battle Brewing Over Reincarnation of Mandatory Minimum Sentences in PA
House Bill 1601, sponsored by Rep. Mike Vereb (R-Montgomery) and Rep. Ron Marsico (R-Dauphin) has passed the House with a vote of 143 to 54. The Bill was referred to the Senate Judiciary Committee on October 30, 2015. There is opposition to the passage of the bill in the Pennsylvania Senate which is currently seeking […]
Police Do not Need a Warrant to Search or Seize your vehicle From Your Driveway
In an matter of first impression, the Pennsylvania Superior Court has decided in the case of Commonwealth v. Loughnane that if police have probable cause to search or seize a vehicle parked in a driveway at a private residence, they do not need to first obtain a warrant before conducting a search of that vehicle. […]
Rolling paper containing marijuana is not drug paraphernalia
In a groundbreaking decision the Pennsylvania Superior Court vacated a conviction for possession of drug paraphernalia in Commonwealth v. Miller (November 20, 2015). The Defendant had been convicted for possession of a controlled substance and possession of drug paraphernalia after a marijuana cigarette was found between the driver’s seat and center console of his vehicle. […]
