Criminal Lawyer Update: Court Finds Exigent Circumstances Exception to Search Warrant Where Individual Identified as Armed and Dangerous

Under Pennsylvania jurisprudence, the searches and seizures clause of Article 1, Section 8 of the Pennsylvania Constitution requires a search warrant for the search and seizure of an automobile unless the police have probable cause and exigent circumstances. In...

Criminal Lawyer Update: Consent to Search Invalidated Because of Police Conduct

The Pennsylvania Superior Court in Commonwealth v. Moyer, 2008 Pa. Super. 173 (2008), holds a consent to search person and car vitiated as involuntary due to coercive circumstances. The relevant facts of the case are as follows: Two state troopers noticed the...

Criminal Lawyer Update: Jurors, Wake Up!

Ok, pay attention. Simply making a note on the record of a juror sleeping during trial or jury charge will not preserve the issue of whether the juror’s sleeping deprived a defendant of the right to a jury trial by 12 of his peers on appeal, according to the...