Mere Encounter Escalates Into Investigative Detention

In a recent opinion in Commonwealth v. Hudson, 2010 PA Super 96, the Pennsylvania Superior Court held that what began as a mere encounter escalated into an investigative detention when a police officer in Reading, Pennsylvania, took a defendant’s identification...

Criminal Lawyer Update: Hand Movements Enough to Justify Warrantless Search of Automobile? Since when?

The Pennsylvania Superior Court handed down a new case this month about warrantless searches of automobiles in In re O.J., 2008 Pa. Super. 234 (Oct. 1, 2008) (No, this case is not about O.J. Simpson, but it sure would be more fun if it were. It’s a juvenile...

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...