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The Legal Intelligencer

Justices Agree to Mull Limits of Warrantless Police Re-entry

The Pennsylvania Supreme Court is set to decide whether a police officer's re-entry to a residence after initially entering under exigent circumstances constitutes one continual search.
4 minute read

The Legal Intelligencer

Commonwealth v. Bell, PICS Case No. 17-1245 (Pa. Super. July 19, 2017) Stevens, J. (12 pages).

The trial court erred in holding that the Commonwealth's admission of evidence of defendant's refusal to submit to a blood test at his trial on charges of driving under the influence violated his Fourth Amendment right to be free from unreasonable searches. The court reversed and remanded.
3 minute read

The Legal Intelligencer

In the Interest of C.E.H., PICS Case No. 17-1257 (Pa. Super. July 21, 2017) Lazarus, J. (9 pages).

Minor was properly adjudicated delinquent where eyewitness testimony supported the court's determination that minor committed simple and aggravated assault, disorderly conduct and attempted to obstruct the police escorting his stepfather to a police car when he cursed and jumped on the officers and his claim that he was prevented from exploring the bias of a witness was unfounded since the court did allow testimony regarding the length and character of the witness' relationship with one of the officers. Affirmed.
2 minute read

The Legal Intelligencer

Commonwealth v. Storey, PICS Case No. 17-1255 (Pa. Super. July 20, 2017) Lazarus, J. (15 pages).

Trial court properly denied appellant's motion for a new trial after he was convicted for drug delivery resulting in death, possession with intent to deliver, possession of drug paraphernalia and possession of controlled substance because his constitutional challenge to 18 Pa. C.S.A. §2506 failed, there was sufficient evidence that the heroin he sold caused the addict's death, trial court gave adequate cautionary and jury instructions and prosecution's reference to user's credibility in its closing argument was in response to comments by the defense in its closing argument. Affirmed.
6 minute read

The Legal Intelligencer

Pa. Judge Follows Suit in Ordering Google to Comply With Warrant

U.S. District Judge Juan Sanchez's ruling is another rebuke of a controversial ruling by the Second Circuit last year in favor of tech companies that warrants under the Stored Communications Act cannot reach outside the United States.
3 minute read

New York Law Journal

Feds Can't Use NJ Flight Evidence Against Chelsea Bombing Defendant

In the impending trial for a man accused of planting bombs in New York City and New Jersey, prosecutors will not be able to submit evidence related to the defendant's alleged shootout with and flight from Linden, New Jersey police.
6 minute read

New York Law Journal

USA v. Patel

Warrants for Emails' Seizure Did Not Violate Fourth Amendment Particularity Requirement
2 minute read

New York Law Journal

Russian Intrigue Meets the Hearsay Rule

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: On May 12, 2017, the United States settled its asset forfeiture and money-laundering case against Prevezon Holdings just days before that case was scheduled to go to trial, with both sides claiming the $5.9 million settlement as a victory. The facts behind 'U.S. v. Prevezon Holdings' were the stuff of spy novels, but the far from headline-grabbing questions concerning application of the hearsay rule to foreign records the government intended to introduce at trial also led to a hearsay analysis of note.
10 minute read

The Legal Intelligencer

Crespo v. Hughes, PICS Case No. 17-1227 (Pa. Super. July 18, 2017) Ransom, J. (35 pages).

Trial court erred in precluding plaintiff's conviction for receipt of stolen property, where crimen falsi evidence was per se admissible, and where evidence of the conviction was relevant to plaintiff's wage loss claim. Judgment reversed in part and affirmed in part, case remanded for new trial on damages.
4 minute read

The Legal Intelligencer

Commonwealth v. Cruz, PICS Case No. 17-0719 (Pa. Super July 18, 2017) Stevens, J. (16 pages).

The suppression court appropriately denied defendant's motion to suppress a handgun seized by police from a public bathroom in a barbershop where defendant worked since he failed to establish a subjective expectation of privacy such that the warrantless police entry implicated his own personal privacy rights. The court affirmed defendant's judgment of sentence.
3 minute read

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