Daily Archives: July 18, 2019

PA: Refusal to submit to a test is admissible under Birchfield

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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NBC2 News: Can police search your car for medical marijuana after you leave a dispensary?

NBC2 News: Can police search your car for medical marijuana after you leave a dispensary? by Delia D’Ambra: Attorneys are becoming concerned these patients could fall victim to law enforcement overreach and have their rights violated and not even know … Continue reading

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PA: Motions for return of property seized by SW are addressed to judge supervising the GJ that sought them

Motions for return of property seized by search warrant issued for a Statewide Investigating Grand Jury are to be addressed to the judge supervising the grand jury. In re Return of Seized Property, 2019 Pa. LEXIS 3845 (July 17, 2019). … Continue reading

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CA8: Package with anticipatory SW was placed back on porch with “return to sender” on it; search still constitutionally sufficient

In this anticipatory warrant case, the package was received, but it was placed back outside with “return to sender” written on it. Still, the warrant was constitutionally sufficient and the officers supplying their own triggering event, one not provided for … Continue reading

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