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THE TOWN LAW BLOG

" Your Guide to Navigating the Law "

Pennsylvania Supreme Court Declines to Ban Police Deception in Interrogations: Commonwealth v. Foster, 332 A.3d 1187 (Pa. 2025)

Pennsylvania Supreme Court in Commonwealth v. Foster, declined to adopt a bright-line ban on police deception during interrogations, reaffirming that voluntariness of statements is determined under the totality of the circumstances test.

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Analysis of Bergenstock v. Department of Transportation: Commonwealth Court Reverses Lifetime CDL Disqualification Due to Inadequate Implied Consent Warnings

The 2024 PA Commonwealth Court decision in Bergenstock v. DOT (69 C.D. 2023) affirms an 18-month operating suspension but reverses a lifetime CDL disqualification for failure to read CDL-specific warnings

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Analysis of Commonwealth v. Whitcomb: Non-Precedential Decision on Involuntary Intoxication as a DUI Defense

The non-precedential 2025 PA Superior Court decision in Commonwealth v. Whitcomb (2025 PA Super 180) rejects involuntary intoxication as a defense to DUI under 75 Pa.C.S. § 3802(d)(2).

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Commonwealth v. Etchison: The Constitutional Limits of DUI Metabolite Convictions in Pennsylvania

2007 Pennsylvania Superior Court case that examined the sufficiency of evidence for drug-related DUI charges and the constitutionality of DUI laws concerning marijuana metabolites.

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Warrantless Blood Draw Statute Struck Down in Commonwealth v. Hunte

Pennsylvania Supreme Court struck down 75 Pa.C.S. § 3755 as facially unconstitutional, ruling that warrantless blood draws from DUI suspects in emergency care violate Fourth Amendment protections.

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The Validity of Surveillance-Based Narcotics Arrests: A Closer Look at Commonwealth v. Floyd

Pennsylvania Superior Court reversed a suppression order, holding that trained officer observations of hand-to-hand transactions and suspicious behavior were sufficient to establish probable cause for arrest in a narcotics case.

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Public Servant Duties and DUI Stops: The Superior Court’s Ruling in Commonwealth v. Ward

Superior Court decision in Commonwealth v. Ward confirms that when troopers perform bona fide welfare checks—like responding to visible signs of illness—the public‑servant exception permits a brief, warrantless seizure, even leading to DUI arrests.

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Reasonable Suspicion and Juvenile Stops: A Closer Look at In the Interest of H.C. (2025 PA Super, J-S45032-24)

Pennsylvania Superior Court ruled that police had reasonable suspicion to stop a juvenile based on evasive behavior, attire, and proximity to a recent crime, reversing the trial court’s suppression order.

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The Power of Character Evidence in Criminal Trials: Lessons from Commonwealth v. Neely

Commonwealth v. Neely reaffirms a defendant’s right to a jury instruction that good character evidence alone can raise reasonable doubt and lead to acquittal.

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