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JUVENILE ADJUDICATION OF DELINQUENCY IS NOT A CONVICTION FOR THE PURPOSE OF ENHANCING THE GRADING OF A VIOLATION OF THE PA UNIFORM FIREARMS ACT

The PA Supreme Court has held in the case of Commonwealth v. Hale, 25 EAP 2014 (December 21, 2015) that juvenile adjudications of delinquency are not “convictions” for purposes of enhancing the grading from a misdemeanor to felony for violations under Section 6105 of the Pennsylvania Uniform Firearms Act. FACTS In 2011, Hale was convicted, […]

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COURT UPHOLDS SUPPRESSION OF EVIDENCE: OFFICERS TESTIFIED TO FACTS THAT WERE INCONSISTENT WITH OR OMITTED FROM THE POLICE REPORT

The PA Superior Court has decided the case of Commonwealth v. Shabezz, No. 1639 EDA 2014 (December 21, 2015), holding that the trial court properly suppressed evidence when the police and Commonwealth failed to present sufficient credible evidence to justify the stop and detention of vehicles and their occupants in a high drug area. FACTS […]

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ANONYMOUS TIP FROM UNRELIABLE, UNCORROBORATED SOURCE THAT PAROLEE IS DEALING DRUGS IS INSUFFICIENT TO JUSTIFY SEARCH OF RESIDENCE

The Pa. Superior Court has decided the case of Com. v. Coleman, M. No. 1839 WDA 2014 (December 14, 2015), holding that an unreliable, uncorroborated, anonymous tip received by a State Parole Agent was insufficient to establish the requisite reasonable suspicion for police to enter the apartment without a search warrant. FACTS On December 17, […]

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TWO CONVICTIONS OF THE SAME FIREARM VIOLATION AT SAME TRIAL TRIGGER FIVE YEAR MANDATORY MINIMUM SENTENCE

The PA Superior Court has held in the case of Commonwealth v. Dawson, No. 3498 EDA 2014 (December 8, 2015) that a person convicted at the same trial of two separate counts of unlawful transfer of a firearm will be deemed to have a “previous conviction” and is therefore subject to the mandatory minimum sentence […]

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DAUGHTER’S DORM IS NOT A “PLACE FOR EMERGENCY MEDICAL TREATMENT” : Violation of OLL results in 60 day jail sentence.

The PA Superior Court has decided the case of Commonwealth v. Kriegler, 62 MDA 2015 (December 1, 2015), holding that it is entirely appropriate for police to charge a driver with Driving Under Suspension (DUI-related) when that person has been granted – but has failed to comply with the restrictions applicable to – an Occupational […]

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