Pennsylvania Court Further Defines ‘Operation’ of Vehicle in DUI Cases In Bold vs. Department of Transportation (PennDOT), the Commonwealth Court clarified the precedent for the term ‘operates’, which is used in the Implied Consent Law under Section 1547(b)(1)(ii) of the Pennsylvania Vehicle Code, 75 for license suspension cases. This definition expands the meaning to include …
laws
Pennsylvania Court Rules Smell of Marijuana Alone Does Not Justify a Warrantless Search
Pennsylvania’s Supreme Court has ruled against making a warrantless search based solely on the smell of cannabis. The Supreme Court of Pennsylvania ruled that a state police search of a vehicle in 2018 occurred only due to the smell of marijuana. In Commonwealth v. Barr II, the defendant was charged with illegally owning a firearm after police …
Location Tracking, Cell Phone Data, and Your Rights
Can the Police Access Your Cell Phone Data? What are your privacy rights when it comes to mobile data and cell phone tracking information? Now that everyone owns a mobile device, it is very easy for cell phone companies to track real-time location, even if calls are not being made. They can also easily determine …
Marijuana Reform—Federal and PA Changes Could Happen Soon
Federal Marijuana Reform: How it Could Impact Pennsylvania Marijuana Laws The MORE Act and Pennsylvania Cannabis Laws Federal Marijuana Reform Nearing the end of its session in late 2020, the U.S. House of Representatives passed a bill that would decriminalize marijuana on a federal level, as well as provide a pathway to erase nonviolent federal …
Reduced Sentencing for 2nd DUI Offense in Pennsylvania
Second-Time DUI Offenders May be Eligible for Reduced Sentence Will the New Pennsylvania Ruling Reduce Your DUI Penalties? If you were recently charged with a DUI offense in Pennsylvania and considered a “second-time offender” because you already completed the ARD program for a previous offense, you may be eligible to have your current sentence/punishment reduced. …