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Com.v. Sarapa , —A.3d.—, 2011 WL 198461, 2011 PA Super 18 (Pa.Super.,Jan.24,...
On January 24, 2011, the Superior Court handed down a decision holding that county IPP plans may not arbitrarily ban certain types of defendants from the program if the defendants have not been made...
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DUI Court in Berks County Sentences to Electronic Monitoring for Mandatory...
Judge John A. Boccabella, in the case of Commonwealth v. Henderson, 103 Berks Co. L. Journal 122 (January 13, 2011), sentenced a DUI defendant to 90 days to 5 years with a special condition that, in...
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Consent to Search
One of the well-known exceptions to the requirement of a search warrant before a search may be conducted is consent to the search. Valid consent may render an otherwise illegal search permissible....
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Search and Seizure: “Mere Encounters” and “investigative Detentions”
Police interactions with the public are defined as “mere encounters,” “investigative detentions,” or “arrests.” Constitutional protections against unreasonable “searches and seizures” extend only to...
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Search and Seizure: “Terry Stops”
Another type of stop that fits under the definitiion of “investigative detention” is the “Terry stop.” Named after the United States Supreme court case that defined it, a Terry stop is a search limited...
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“Consent” Searches
A “consent” search is nothing more than a search conducted after a person gives consent to search his or her property to police. A search warrant requires the police to justify a search with probable...
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Automobile Searches
Can the police search your car? The general rule in Pennsylvania for any search is that a search warrant is required. However, this requirement is subject to several exceptions. In addition to normal...
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“Probable Cause”: What Does It Mean?
There are many terms thrown around in the legal “biz” that confuse ordinary people. One of these terms is “probable cause.” What is “probable cause” in Pennsylvania and what does having it entitle the...
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“Probable Cause”: How is it established?
Following up on the definition of “probable cause,” it is important to note some of the facts or circumstances that have been held to, or not to, establish probable cause. For example, running away or...
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“Probable Cause”: What Does It Entitle the Police to Do? Mean?
So, okay, we’ve established probable cause. What does probable cause entitle the police to do? Well, for one thing, it can serve as a necessary condition for a search. In order to get a search warrant,...
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