In yet another victory for Fourth Amendment advocates, the Supreme Court on May 29, 2018 ruled against a warrantless search and examination of motorcycle under a tarp in the driveway of a home. In the matter of Ryan Austin Collins vs. Virginia, No. 16-1027, the Court in a 8-1 decision reversed the lower court’s decision … Continue reading Supreme Court declines to extend automobile exception to Fourth Amendment to vehicles parked in driveways or curtilage of home.
Category: Constitutional Law
U.S. Supreme Court Finds That An Unauthorized Driver In Lawful Possession of Rental Car Has A Right To Privacy
On May 14, 2018, the United States Supreme Court held that people who borrow rental cars from friends are afforded the same protections against unlawful searches as the authorized driver. In the matter of Terrence Byrd v. United States, 2018 WL 2186175, the Supreme Court justices unanimously held “ the mere fact that a driver … Continue reading U.S. Supreme Court Finds That An Unauthorized Driver In Lawful Possession of Rental Car Has A Right To Privacy
Third Circuit Holds That Recording Police In Public Is Protected By The First Amendment
Today, in Fields v. City of Philadelphia, et al., the Third Circuit Court of Appeals joined five other circuit courts in holding that the 1st Amendment protects the public recording of police officers. As stated in the decision, the background is somewhat simplistic - Mr. Field and a Mrs. Geraci attempted to record "Philadelphia police … Continue reading Third Circuit Holds That Recording Police In Public Is Protected By The First Amendment
Superior Court Holds That Switchblades Are Not Protected By The Second Amendment
Yesterday, in a very short non-precedential opinion, a three judge panel of the Superior Court held in Commonwealth v. William Battle that a switchblade is not protected by the Second Amendment. As discussed in the decision, there is no dispute that upon entering the Pike County Administrative Building, Mr. Battle emptied his pockets, including a … Continue reading Superior Court Holds That Switchblades Are Not Protected By The Second Amendment
Franklin County Sheriff Contends He’s Immune From Judicial Oversight
In a brief filed before the Pennsylvania Supreme Court, the Franklin County Sheriff has taken an eerily Orwellian position that he is immune from judicial oversight and cannot be held liable for his actions - even those explicitly violating state law. As our viewers are aware, on May 20, 2016, the Commonwealth Court issued a … Continue reading Franklin County Sheriff Contends He’s Immune From Judicial Oversight
The Second Amendment: Enforcing the Heller Decision
While at a conference last week I had the pleasure of attending a panel discussion entitled: "The Second Amendment: Enforcing the Heller Decision." A panel that included voices from across the political spectrum engaged in a give-and-take that well summarized developments in recent years. The discussion was recorded and you can view it here. I was … Continue reading The Second Amendment: Enforcing the Heller Decision
Numerous Verified Reports of Voting Machine Issues in Pennsylvania
As some of you are aware, I am serving in Berks County as a Poll Watcher. Prior to today, I had little concern over the voting machines used by Pennsylvania, as they are 30+ years old and not connected to the internet. However, today my concern has changed. I have seen numerous verified reports from … Continue reading Numerous Verified Reports of Voting Machine Issues in Pennsylvania
6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments
As our readers are aware, in July, I was successful in arguing in Keyes, et al. v. Lynch, et al., before the Middle District of Pennsylvania that a life long prohibition on an individual as a result of a single, isolated mental health commitment violated his Second Amendment rights, as-applied to him. Today, the 6th … Continue reading 6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments
US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
On June 23, 2016, the U.S. Supreme Court decided that case of Birchfield v. North Dakota, 14-1468, in which the Court held that while implied consent laws relative to driving under the influence (DUI) may impose civil penalties, it is unconstitutional for them to impose criminal penalties for refusing to consent. Specifically, as the Syllabus … Continue reading US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
ATTENTION: The 9th Circuit amends the 2nd Amendment…
The last time I checked, neither state government nor the Courts had any power, real or imagined, to amend the U.S. Constitution. A recent ruling from the 9th Circuit, however, suggests maybe I need to check again. In a decision that confounds common sense, plain reading of the Constitutional text as much as it creates … Continue reading ATTENTION: The 9th Circuit amends the 2nd Amendment…
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