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Blog Posts in September, 2013

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  • Exception to the Warrant Requirement- Police
    Exception to the Warrant Requirement- Police "Inventory" Searches

    Police inventory search is an exception to the warrant requirement . A "care-taking" administrative function. Not done to uncover criminal activity . In Commonwealth v. Gatlos, 2013 Pa. Super. LEXIS ...

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  • U.S. Attorney General Changes in Policy Have Been Qualified
    U.S. Attorney General Changes in Policy Have Been Qualified

    The U.S. AG's policy on mandatory minimum and recidivist enhancements for drug offenses is retroactive . The U.S. Attorney General recently qualified his August 12, 2013 memorandum to all Federal ...

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  • Sex Offender Treatment Disclosures Barred in Later Prosecutions
    Sex Offender Treatment Disclosures Barred in Later Prosecutions

    The use of the compulsory treatment disclosures at sentencing violates the Fifth Amendment privilege against self-incrimination. Recently, in United States v. Bahr, 2013 U.S. App. LEXIS 19103 (9th ...

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  • Divorced After Death?
    Divorced After Death?

    The Divorce Code as amended in 2005 provides for equitable distribution after one party's death as long as grounds have been established. It's always been my understanding and the position of most ...

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  • Custody Relocation- A Continuing Look At the Factors on Appeal
    Custody Relocation- A Continuing Look At the Factors on Appeal

    A Court should consider the 10 relocation factors as well as the 16 custody factors when there exists no current order for custody and one parent desires to relocate . Recently, in S.J.S. v. M.J.S., ...

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  • Confrontation Clause Offended When Chemist Does not Testify
    Confrontation Clause Offended When Chemist Does not Testify

    A lab chemist that tests both a substance to determine if it's a narcotic or one that tests a blood sample for a DUI has to testify at trial . The Confrontation Clause of the U.S. Constitution and the ...

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