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THE TOWN LAW BLOG

" Your Guide to Navigating the Law "

Commonwealth v. Flanders: Can Police Tell the Jury You Refused to Talk in Pennsylvania?

Learn what the Pennsylvania Superior Court decided in Commonwealth v. Flanders and when a defendant’s refusal to speak with police may—or may not—be mentioned at trial.

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Commonwealth v. Lloyd: Can Dismissed Charges Stay on Your Record in Pennsylvania?

In Commonwealth v. Lloyd, the Pennsylvania Superior Court held that dismissed charges do not automatically require expungement. Learn how Pennsylvania courts review expungement petitions after charges are dismissed.

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Commonwealth v. Stoney: Does Touching Your Waistband Give Police Reasonable Suspicion for a Gun Stop?

In Commonwealth v. Stoney, the Pennsylvania Superior Court addressed reasonable suspicion, waistband “security checks,” police pursuit, probation officers, and a firearm tossed onto a roof.

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Commonwealth v. Lewis: When Does Running From Police Justify a Gun Stop in Philadelphia?

In Commonwealth v. Lewis, the Pennsylvania Supreme Court addressed high-crime areas, flight from police, reasonable suspicion, abandoned property, and a gun recovered in Philadelphia. Learn what this means for firearm suppression cases in Pennsylvania.

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Commonwealth v. Graham: Can Police Search a Fanny Pack During a Marijuana Traffic Stop in Pennsylvania?

The case began on September 8, 2022, when an Allegheny County police officer stopped a vehicle because the registration was expired. Graham was driving. His girlfriend, Tiara Pannell, was in the front passenger seat. She was also the owner of the vehicle. When the officer approached, Graham opened the driver’s window. The officer smelled a faint odor of unburnt marijuana coming from the vehicle.

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Commonwealth v. Washington: Do Police Have to Tell You That You Can Refuse a Search in Pennsylvania?

After the rear passenger was detained, the deputy asked the driver and Washington whether there was contraband in the vehicle. The driver said there was marijuana in the vehicle and consented to a search of the SUV. During the vehicle search, the deputy recovered a black bag containing suspected marijuana and a digital scale from the driver’s side of the vehicle.

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Commonwealth v. Pearsall: Can Police Search a Passenger’s Bag During a Philadelphia Traffic Stop?

The Court found: Pearsall was a lawful passenger. The driver lawfully possessed the rental vehicle. The vehicle was not stolen. The bag was under Pearsall’s seat. Pearsall’s identification was under the same seat. The bag was not out in the open and accessible to all occupants. The Commonwealth waived its abandonment theory. The Commonwealth preserved no other valid basis to justify the warrantless search. The Commonwealth did not dispute that the search was warrantless and lacked exigent circumstances. Based on those facts, the Court held that Pearsall had a reasonable expectation of privacy in the bag under his seat and affirmed the order granting suppression.

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Commonwealth v. Kurtz: Can Your Google Searches Be Used in a Pennsylvania Criminal Case?

The Pennsylvania Supreme Court ruled that ordinary Google search records may not carry a reasonable expectation of privacy. Learn what Commonwealth v. Kurtz means for digital evidence and criminal defense in Pennsylvania.

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Commonwealth v. Anderson: Can Police Search a Car That Is Not Registered to You in Pennsylvania?

The Pennsylvania Superior Court affirmed a gun conviction after a vehicle search in Commonwealth v. Anderson. Learn how reasonable expectation of privacy, traffic stops, protective sweeps, and inventory searches affected the ruling.

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Cash, Scales, and Packaging How Police Build PWID Cases in Pennsylvania

Police may find drugs, but that does not automatically prove a person intended to sell them. The defense may argue that the drugs were for personal use, that the person did not know the drugs were there, that the drugs belonged to someone else, or that police violated the person’s constitutional rights during the search.

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