January 06, 2022 | The Legal Intelligencer
High Court: Odor of Marijuana Not Enough to Conduct Warrantless SearchThe Pennsylvania Supreme Court ruled in the final days of 2021, that "the odor of marijuana alone does not amount to probable cause to conduct a warrantless search of a vehicle." This is "heady" stuff, no pun intended.
By Matthew T. Mangino
6 minute read
December 09, 2021 | The Legal Intelligencer
Superior Court Takes Up Question of Consent Involving Cellphone DataIn spring 2021, following a reargument en banc the Pennsylvania Superior Court was faced with an "important" question, "What police must do to obtain a knowing and voluntary consent to search by permission all or part of a cellular phone's data."
By Matthew T. Mangino
6 minute read
July 01, 2021 | The Legal Intelligencer
SCOTUS Narrows Statute That Could Expose 'Millions' to ProsecutionThe U.S. Supreme Court recently narrowed the Computer Fraud and Abuse Act of 1986 (CFAA), 18 U. S. C. Section 1030, a federal law that makes it illegal "to access a computer with authorization and to use such access to obtain or alter information in the computer that the accessor is not entitled so to obtain or alter."
By Matthew T. Mangino
6 minute read
March 04, 2021 | The Legal Intelligencer
High Court to Decide Whether Police in 'Hot Pursuit' of Suspect Can Enter a HomeThe high court is being asked to determine if the police may enter the home, without a warrant, of a person suspected of a misdemeanor while in "hot pursuit" of that suspect.
By Matthew T. Mangino
8 minute read
December 30, 2020 | The Legal Intelligencer
SCOTUS to Decide the Scope of 'Community Caretaker' ExceptionThe U.S. Supreme Court will decide if the "community caretaking" exception to the Fourth Amendment's warrant requirement extends to the home.
By Matthew T. Mangino
6 minute read
July 23, 2020 | The Legal Intelligencer
Pa. Superior Court Strikes Blow to DUI Sentencing SchemeThe Pennsylvania Superior Court recently changed the sentencing landscape for those facing prosecution for a second, or subsequent charge, of Driving Under the Influence.
By Matthew T. Mangino
7 minute read
April 30, 2020 | The Legal Intelligencer
Addressing the COVID-19 Pandemic in Pennsylvania's PrisonsPennsylvania has 32 infected inmates out of about 46,600 inmates.The Pennsylvania prison system doesn't appear to have a problem with COVID-19. What the state does have a problem with is testing. As of April 22, the number of inmates tested by the Pennsylvania Department of Corrections was 103—with 31 positives tests or about one in three.
By Matthew T. Mangino
7 minute read
March 05, 2020 | The Legal Intelligencer
Pennsylvania Must End Suspicionless Traffic StopsThirty years ago, the U.S. Supreme Court determined that a suspicionless investigatory intrusion on a motorist was justified based on the public's interest in reducing driving under the influence (DUI).
By Matthew T. Mangino
8 minute read
December 12, 2019 | The Legal Intelligencer
Password Ruling and Technology: Court Looks to Protect the InnocentLast month, the Pennsylvania Supreme Court ruled that it is a violation of the Fifth Amendment's protection against self-incrimination to compel a defendant to disclose a password to allow police access to a "lawfully seized, but encrypted, computer."
By Matthew T. Mangino
6 minute read
July 11, 2019 | The Legal Intelligencer
Pa. Supreme Court: Possession of Gun Alone Not Indicia of DangerousnessMichael Hicks walked into an Allentown convenience store at 3 a.m. on a summer morning in 2014. He had a handgun in his waistband and a license to carry a concealed weapon. That didn't prevent the police from stopping Hicks' vehicle before he left the parking lot.
By Matthew T. Mangino
7 minute read
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