Category: Criminal Law

Two days ago, the Sixth Circuit Court of Appeals ruled that the Fourth Amendment does not protect against warrantless cell phone tracking. This means, the police do not need to show probable cause prior to tracking a person’s location through their cell phone. The case was United States v. Skinner,  and Skinner, the defendant, was … Continue reading Sixth Circuit Says Police Can Track Your Phone Without a Warrant →

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, among other things, probable cause must be established. The probable cause affidavit submitted by the police as a basis … Continue reading “Probable Cause”: What Does It Entitle the Police to Do? Mean? →

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 “flight” does not, by itself, establish probable cause. Neither do “furtive” hand or head movements in a vehicle. Nervousness, inconsistent … Continue reading “Probable Cause”: How is it established? →

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 authorities to do? “Probable cause” is defined as “facts available to the officers at the moment of the arrest which ‘would … Continue reading “Probable Cause”: What Does It Mean? →

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 exceptions such as “plain view” (the incriminating evidence or contraband is within the “plain view” of the police while standing in an … Continue reading Automobile Searches →