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Blog Posts in 2016

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  • Portion of Grandparent's Rights Act Stricken as Unconstitutional
    Portion of Grandparent's Rights Act Stricken as Unconstitutional

    Pennsylvania Supreme Court determines that provision allowing grandparents to seek custody/visitation if parents are separated for six months violates due process . The Pennsylvania Supreme Court ...

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  • "Telephone Call" Using Inmate Phone System Held to Be Wiretap Violation

    The PA Supreme Court determined that the use of a two-way, "face-to-face" calling system commonly used by inmates to speak to visitors violates the Pennsylvania Wiretap Act . In Com v. Fant, 66 MAP ...

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  • Duration of Registration Requirements Under Megan's Law II and SORNA
    Duration of Registration Requirements Under Megan's Law II and SORNA

    Language in Megan's Law II for lifetime registration as a sexual offender requires an act, conviction, and a subsequent act and conviction, not convictions for two or more offenses before convictions ...

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  • Removal from Registry- Time Credit Granted
    Removal from Registry- Time Credit Granted

    Time credit was granted for six years the registrant spent registering in two other states before transferring to Pennsylvania. In Tommy Lee Jackson v. Commonwealth of Pennsylvania, 388 MD 2014 ...

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  • U.S. Supreme Court Changes Law on Blood Draw
    U.S. Supreme Court Changes Law on Blood Draw

    The Fourth Amendment does not permit a warrantless blood draw incident to a drunk driving offense Generally, prior to Birchfield v. North Dakota , 136 S.Ct. 2160, (U.S. Supreme Ct. June 23, 2016), if ...

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  • The Constitutional Validity of a Warrant- Staleness
    The Constitutional Validity of a Warrant- Staleness

    A search may be invalidated by "stale" information contained within a search warrant. Generally, for a search warrant to be constitutionally valid, the issuing authority must decide that probable ...

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