The recent Commonwealth Court case of Blair v. Board of Nursing, 2013 Pa. Commw. Unpub. LEXIS 388 (May 28, 2013), reviews a Pennsylvania Nursing Board decision affirming the substantial and egregious hurdles PNAP places on reinstatement of nursing licenses. Blair,...
Year: 2013
Police Illegally Use Hidden Camera –Evidence Suppressed
Evidence secured through a hidden camera inside a house is in admissible in court. Really! In Mercer County, Pa the narcotics task force utilized a confidential informant to gain access to an alleged drug dealer's house. During the coordinated drug purchase in the...
Accomplice Liability in Pennsylvania
The recent case of Commonwealth v Toritto, provides a good chance to review ACCOMPLICE LIABILITY IN PENNSYLVANIA. In this case, Toritto was charged with conspiracy based on tangential evidence of involvement in a drug deal. The Commonwealth argued his liability was...
Remember, Update Your Registered License Address
A recent Common Please Court cased presents an opportunity to discuss the importance of timely renewal of all professional licenses and your registered address with the State Board of Occupational Affairs. In the case of Joel Poskin v State Board of Nursing, Poskin...
Strip Searches in Pennsylvania
This blog shall review the legality of body cavity searches in light of a recent case discussing the issue. Typically employed as a result of either highway traffic investigations or specific, fact-based search warrants, the courts are approving of this search...
GPS Tracking Devices and Privacy Rights.
I write today about the next twist in motions to suppress and GPS tracking devices. You may recall the US Supreme Court case of US. v Jones, in which the Supreme Court held that regardless of the Wire...
DUI’s and Forced Blood Draws- Supreme Court Law
I write today to discuss the United Stated Supreme Court decision in Missouri v McNeely and how Pennsylvania law may be affected by this decision. The court was asked whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that...
To Testify or Not and Pre-Arrest Silence
The most important decision a criminal defendant confronts is whether or not to testify at trial. If a defendant chooses to testify, many issues arise. One significant issue is potential cross-examination of pre-arrest silence. This arises in the context of...
Pa Search and Seizure Constitutional Law primer
I write today to discuss a recent Pennsylvaniappellate court decision that discussed an illegal nighttime raid on a person's home. The case name is Commonwealth v. Berkheimer, 2012 PA Super 253 (Pa. Super. Ct. 2012). In the case, the Troopers executed a probation...