Yesterday, the internet was ablaze with articles on the U.S. Supreme Court's unanimous decision in Caniglia v. Strom, et al., docket no. 20-157, and people cheering that the U.S. Supreme Court announced the death knell not only to warrantless searches of one's home and seizure of one's firearms but also to red flag laws. Unfortunately, … Continue reading SCOTUS Decision on Warrantless Gun Seizure Isn’t What It’s Being Touted To Be…
Another Pro-4th Amendment Decision from the PA Supreme Court!
Yesterday, the Pennsylvania Supreme Court issued its decision in Commonwealth v. Cost, 2020 WL 354975 (39 EAP 2018), which involved "whether a seizure has occurred during a police-citizen encounter [as a result] of an officer’s retention of an individual’s identification card. The question distills to whether a reasonable person would feel free to ignore the … Continue reading Another Pro-4th Amendment Decision from the PA Supreme Court!
Supreme Court Protects Rights and Requires States to Obtain Warrant in DUI Stops
On April 17, 2013, the United States Supreme Court decided a case that has implications throughout the country. The case, Missouri v. McNeely, was based on a motorist who was stopped on suspicion of drunk driving and arrested. McNeely refused to take a breath test, but was then taken to a local hospital for a … Continue reading Supreme Court Protects Rights and Requires States to Obtain Warrant in DUI Stops