Category: Constitutional Law

Yes, You Can Record Police Officers During The Course of Their Official Duty

Posted on by Allen Thompson, Esq.

One of the most common questions that seems to arise in the realm of constitutional rights involves whether an individual has the right to record encounters with police officers.  The short answer is: Yes. Pennsylvania's Wiretap Act makes it a third degree felony to "intentionally intercept[] . . . any . . . oral communication."  18 … Continue reading Yes, You Can Record Police Officers During The Course of Their Official Duty →

A Government of Laws? Only If You Can Guess What They Mean.

Posted on by Allen Thompson, Esq.

John Adams once stated that the U.S. was to be a government of law, and not of men.  This meant that the word of law – the text, not the intent – was to govern.  If the law was inartfully drafted, or had negative and unintended consequences, a democratically-elected Congress could change the law.  If … Continue reading A Government of Laws? Only If You Can Guess What They Mean. →

“Let Them Sell Wine!”: U.S. Supreme Court Upholds Right to Personal Property

Posted on by Allen Thompson, Esq.

The fundamentals of Constitutional interpretation have been changed this week (more on this in a forthcoming blog).  Statutory interpretation has been subordinated by politics and the definition of a “fundamental right” has been amended to include “the mystical aphorisms of the fortune cookie,” in Justice Scalia’s interesting words.  However, property rights have at least fended … Continue reading “Let Them Sell Wine!”: U.S. Supreme Court Upholds Right to Personal Property →

Words Hurt: How the Differences Between “Objectiveness” and “Subjectivity” and “Punishment” and “Discipline” Can Be a Painful Thing

Posted on by Lance Malcolm, Esq.

On May 27th, the United States Supreme Court heard oral arguments in the case Kingsley v. Hendrickson – a decision which will surely have significant impact on the law of 1983 Actions and perhaps even beyond.  Substantially, the facts of the case are as follows: In 2010, Plaintiff Kingsley was a pre-trial detainee awaiting trial … Continue reading Words Hurt: How the Differences Between “Objectiveness” and “Subjectivity” and “Punishment” and “Discipline” Can Be a Painful Thing →

Unanimous U.S. Supreme Court Decision – Felons Do Not Lose Property Right in Owned Firearms

Posted on by Joshua Prince, Esq.

Today, the United States Supreme Court handed down its decision in Henderson v. U.S., No 13-1487, 575 U.S. _____ (2015),  holding that while a convicted felon is prohibited from "possessing" firearms pursuant to 18 U.S.C. 922(g), nothing strips the individual of his/her property interest in the firearms and the individual retains "the right merely to … Continue reading Unanimous U.S. Supreme Court Decision – Felons Do Not Lose Property Right in Owned Firearms →

Much Ado About Nothing?: Montville, New Jersey’s Underage Drinking Ordinance and What’s Left of the 4th Amendment

Posted on by Allen Thompson, Esq.

There’s been some discussion of a new ordinance in Montville, N.J. that supposedly allows police officers to enter homes at will (or at least upon probable cause) that underage consumption of alcohol is occurring on the premises. The news reports have some truth in them, but are also not complete. Under current state law, it … Continue reading Much Ado About Nothing?: Montville, New Jersey’s Underage Drinking Ordinance and What’s Left of the 4th Amendment →

Corbett signs bill granting Conservation Officers use of body cameras

Posted on by Adam Kraut, Esq.

A new development in the Fish and Game code grants Waterway Conservation Officers (WCO), Game Commission Officers (GCO) and Wildlife Conservation Officers (WLCO) (but not their deputies) the ability to wear body cameras in the performance of their official duties. The new law requires that the individual must have received training on the use of … Continue reading Corbett signs bill granting Conservation Officers use of body cameras →