Category: Criminal Law

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 cause and to describe the area and the materials sought with particularity. A consent search gives the police the ability … Continue reading “Consent” Searches →

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 under Pennsylvania law by reasonable suspicion regarding activites personally observed by the officer and a reasonable belief that the suspect is … Continue reading Search and Seizure: “Terry Stops” →

Police interactions with the public are defined as “mere encounters,” “investigative detentions,” or “arrests.” Constitutional protections against unreasonable “searches and seizures” extend only to those instances in which a “seizure” of the individual has occurred. A “seizure” occurs only when a reasonable individual would not fee “free to leave.” Any interaction where a reasonable individual … Continue reading Search and Seizure: “Mere Encounters” and “investigative Detentions” →

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. Commonwealth v. Cleckley, 738 A.2d 427, 429 (Pa. 1999); Commonwealth v. Gillespie, 821 A. 2d 1221, 1225 (Pa. 2003). At any proceeding challenging … Continue reading Consent to Search →

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 lieu of incarceration, the defendant be placed on electronic monitoring for 90 days. The Commonwealth appealed the sentence, raising the issue … Continue reading DUI Court in Berks County Sentences to Electronic Monitoring for Mandatory Minimum Sentence →

In the recent case of Com. v. Abraham Gonzalez (687 EDA 2009 (PA Superior Ct., Dec. 13, 2010), a panel of the Superior Court ruled that burglaries on the record of an individual being sentenced to a state sentence are not necessarily disqualifying under the “past violent behavior” disability of the Recidivism Risk Reduction Incentive (RRRI) Statute … Continue reading Not All Burglaries Are Created Equal: Burglaries Are Not Necessarily Disqualifying For RRRI (Recidivism Risk Reduction Incentive) Consideration →

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 ineligible by the Legislature. In Sarapa, the defendant had been sentenced to ninety days to 23 months for her plea to DUI-highest rate and … Continue reading Com.v. Sarapa , —A.3d.—, 2011 WL 198461, 2011 PA Super 18 (Pa.Super.,Jan.24, 2011): The Availability of County IPP for DUI Offenders with Mandatory Sentences →

“Confession is good for the soul,” the old saying goes. Well, however much it may do for the soul, it will not usually help you if you are accused of crime. We are taught almost from birth to tell the truth. And police are only too quick to exploit this with false or inaccurate promises … Continue reading Confessions to Police →

To the surprise of many clients, even though the sentencing guidelines do not specify that an individual will lose his license for 5 years for a 3rd DUI, in certain circumstances that may be the result. Pursuant to the sentencing guidelines, conviction for a 3rd DUI, depending on the level of intoxication, would result in either a … Continue reading 3 DUI’s in a 5 year period = Habitual Offender and Loss of License for 5 years →