Under recent changes in Pennsylvania law, people can consume marijuana for medical purposes in certain circumstances. They can nonetheless be charged with marijuana-related DUI crimes if they drive while under the influence of marijuana, though. Thus, as discussed in a recent Pennsylvania opinion issued in a DUI case, the smell…
If the police suspect that a person is driving under the influence of alcohol, they will typically detain them and conduct an investigation. The police do not have the authority to stop people without reasonable suspicion that they are committing a crime, though, and if they do, any evidence obtained…
It is widely known that the Constitution grants criminal defendants rights against self-incrimination. In other words, a defendant cannot be compelled to make incriminating statements. In many instances, even if a defendant makes statements that would tend to indicate guilt, the statements may be precluded at trial, if the defendant…
Under Pennsylvania and federal law, a police officer cannot detain a person without a warrant unless the officer has probable cause. This has been interpreted to mean that an officer cannot stop a vehicle unless the officer observes the driver of the vehicle committing a violation of the Vehicle code…
Under the rights afforded by both the Pennsylvania and Federal constitution, the police cannot subject people to unreasonable searches. Pennsylvania recognizes different types of encounters between the police and citizens, including an investigatory search. As recently discussed in a case in which the Pennsylvania Superior Court overturned a DUI conviction…
The Supreme Court’s holding in Birchfield v. North Dakota, continues to affect how Pennsylvania DUI cases are prosecuted. In Birchfield, the Supreme Court held that police officers could not subject DUI suspects to warrantless blood tests or impose increased criminal penalties for refusing a blood test. Before the Birchfield ruling,…