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Blog Posts in Drug Crimes

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  • How Can the Police Prove I was Possessing with the Intent to Deliver?
    How Can the Police Prove I was Possessing with the Intent to Deliver?

    Possession with the intent to deliver may be inferred from the circumstances. However, it still must be proven beyond a reasonable doubt. The Pennsylvania Supreme Court has made clear that a defendant ...

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  • Odor of Marijuana Sufficient to Arrest for DUI
    Odor of Marijuana Sufficient to Arrest for DUI

    There is probable cause to arrest driver for DUI when officer detects strong odor of marijuana emanating from vehicle There are several types of driving under the influence ("DUI") offenses in ...

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  • Roadside Detention for Drug Dog Sniff Unconstitutional in Certain Circumstances
    Roadside Detention for Drug Dog Sniff Unconstitutional in Certain Circumstances

    Drug dog sniffs that prolong a routine traffic stop are unconstitutional as determined by the U.S. Supreme Court On April 15, 2015, the U.S. Supreme Court ("SCOTUS"- S upreme C ourt of t he U nited S ...

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  • Mandatory Minimum Sentences for Drug Offenses No Longer Legal in PA
    Mandatory Minimum Sentences for Drug Offenses No Longer Legal in PA

    Pennsylvania Courts continue to follow in line with U.S. Supreme Court decision in Alleyne. I had recently blogged in August 2014, that the United State Supreme Court had ruled that juries, not judges ...

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  • Mandatory Minimum Sentences and Drug Offenses With Firearms- Still Legal In Pennsylvania?
    Mandatory Minimum Sentences and Drug Offenses With Firearms- Still Legal In Pennsylvania?

    The Alleyne decision renders those Pennsylvania mandatory minimum sentencing statutes that do not pertain to prior convictions constitutionally infirm. The Pennsylvania Superior Court recently ...

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  • Warrantless Search of Auto in PA Now Permitted
    Warrantless Search of Auto in PA Now Permitted

    The Pennsylvania Supreme Court determines that an auto search no longer requires probable cause and warrant or exigent circumstances. Only probable cause is needed. On April 29, 2013, the Pennsylvania ...

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