In a recent announcement, the Philadelphia District attorney’s office announced that the breathalyzer evidence relied on in over one thousand cases since September, 2009 was   This a serious acknowledgment that scientific evidence relied upon by the Commonwealth in many drunk driving cases was not scientifically reliable. This an important evidence problem for the District Attorney’s…

Pennsylvania’s Superior Court has devoted a number of opinions to the difference between a “mere encounters” and “investigative detentions;” particularly in the context of car stops.  Courts have long recognized that a car stop is a seizure within the meaning of the constitution.  As discussed in a recent post on this blog, all occupants of…