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Blog Posts in 2013

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  • Cell Phone Searches Incident to Arrest
    Cell Phone Searches Incident to Arrest

    There is a debate across the states as to whether the search of a cell phone's data pursuant to arrest is lawful . In 1995, I recall purchasing my first "cell phone." The kind that came in a bag that ...

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  • Megan's Law III Declared Unconstitutional by PA Supreme Court
    Megan's Law III Declared Unconstitutional by PA Supreme Court

    In a majority opinion, the Pennsylvania Supreme Court recently declared Megan's Law III unconstitutional. In a case argued by my firm , the Pennsylvania Supreme Court recently held that Megan's Law ...

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  • No If's And's or BUTTS
    No If's And's or BUTTS

    Police officer that witnessed defendant throw cigarette butt out of window did not have reasonable suspicion to stop the vehicle . In a rare case, a Berks County judge ruled that an officer did not ...

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  • Child Support and Reasons for Deviation from Guidelines
    Child Support and Reasons for Deviation from Guidelines

    Mother's, obligor's, receipt of financial assistance from her parents was not grounds for an upward deviation in support to obligee, father. In an April 23, 2013 opinion, ( M.S.J. v. M.R.J., 2639 EDA ...

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  • Recent Supreme Court Case Affects
    Recent Supreme Court Case Affects "Career Offender" Designation

    A simple assault charge cannot be a predicate offense for a "career criminal" designation in Federal system . In Descamps v. United States, ___ U.S. ___, 133 S. Ct. 2276 (June 20, 2013) , the U.S. ...

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  • Cameras Mounted on Buses May Be New Law Enforcement Weapon
    Cameras Mounted on Buses May Be New Law Enforcement Weapon

    HB 1580 introduced by PA Legislature would officially sanction the use of cameras mounted on bus swing arms in aid of catching violators. In a prior article, I had detailed the criminal penalty for ...

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