Tag: Constitutional Law

Commonwealth Court Declares 2019 “Marsy’s Law” Proposed Amendment Unconstitutional, Invalidates Votes Cast

Posted on by Dillon Harris, Esq.

Our readers may remember that in the Fall of 2019, we published two blog articles recommending a “No” vote on the Marsy’s Law ballot question which, in very broad terms, would have had the effect of substantially expanding victim’s rights in the criminal justice system. For a more detailed recap of the ballot question, the … Continue reading Commonwealth Court Declares 2019 “Marsy’s Law” Proposed Amendment Unconstitutional, Invalidates Votes Cast →

Pennsylvania Supreme Court Holds that Probable Cause and Exigent Circumstances are Required for the Warrantless Search of a Vehicle

Posted on by Dillon Harris, Esq.

The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant. … Continue reading Pennsylvania Supreme Court Holds that Probable Cause and Exigent Circumstances are Required for the Warrantless Search of a Vehicle →

Drivers Beware: Unconfirmed Anonymous Tips Now OK For Traffic Stop Basis

Posted on by Allen Thompson, Esq.

By Allen Thompson, Esq. In a close case, Navarette v. California, 572 U.S.            (2014), the Supreme Court of the United States ruled 5-4 today that an anonymous 911 call may serve as the sole basis for a lawful investigative stop, even where responding police officers cannot confirm the material facts of … Continue reading Drivers Beware: Unconfirmed Anonymous Tips Now OK For Traffic Stop Basis →

Religious Freedom Scores a Victory in the D.C. Circuit: Gilardi v. HHS and the Free Exercise of Religion

Posted on by Allen Thompson, Esq.

On November 1, the D.C. Circuit held that the Affordable Care Act’s [ACA] contraceptive mandate “trammels the right of free exercise – a right that lies at the core of our constitutional liberties . . .”  The case – Gilardi v. U.S. Dep’t of H.H.S. - was brought by two brothers from Ohio, Francis and … Continue reading Religious Freedom Scores a Victory in the D.C. Circuit: Gilardi v. HHS and the Free Exercise of Religion →