In Commonwealth v. Shwarz , 1847 EDA 2012 (July 15, 2014), the Pennsylvania Superior Court granted a new trial to an appellant who argued the trial court judge exhibited bias against him. The appellant, a Philadelphia police officer, faced charges of official oppression and related offenses, and was convicted by a jury. On appeal, the appellant argued that the trial judge […]
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Cell Phone Tracking in Pennsylvania
The usage of cell phones has made it easier than ever for us to be tracked. Even if a phone has been destroyed, it may have left behind evidence that investigators can use to piece together where it, and its owner, have been. Whenever a phone call is made, there is a two-way communication between […]
Supreme Court Offers Cell Phones Additional Privacy Protection
In Riley v. California, 537 U.S. __ (2014), a surprisingly unanimous 9-0 ruling, the Supreme Court added additional privacy protection to American’s cell phones. Writing for the majority, Chief Justice Roberts held that police need a warrant to search the cell phone of someone who is under arrest. This result greatly pleased privacy activists, who […]
DOJ Requires Suspect Interrogations to be Recorded
Since the founding of the FBI in 1908, the Department of Justice has refused to audiotape or videotape interviews with criminal suspects. Federal agencies gave a variety of reasons for refusing to do so. For example, an internal FBI memo argued that jurors would be offended if they saw the psychological tricks agents used to […]
Pennsylvania Supreme Court: Eyewitness Identification Expert Testimony Now Allowed
The Pennsylvania Supreme Court recently reversed longstanding precedent that held that experts could not render opinions about the validity of eyewitness identifications. Now, after the courts recent 4-2 decision in Commonwealth v. Walker, that type of evidence is now admissible if the trial Judge, in her discretion, chooses to permit it. This decision brings Pennsylvania back […]
