Jefferson appealed the denial of his suppression motion. He argued that the police lacked reasonable suspicion to stop his vehicle based solely on the inference that the registered owner of the vehicle, who had an outstanding warrant, would be found in the vehicle. An en banc panel of the Pennsylvania Superior Court affirmed and based … Read more
In Commonwealth v. Malloy, the Pennsylvania Superior Court reversed the order of the Court of Common Pleas which denied suppression of a firearm and statements made by the defendant. A police officer stopped a car, in which the defendant was a passenger, for failing to display its license plate properly. While running license and registration … Read more
In United States v. Yusuf, an opinion consisting of consolidated appeals, the government challenged the sentences of two defendants imposed after guilty pleas. As part of their plea agreements, they each agreed not to argue for a sentence outside the range recommended by the Guidelines. On appeal, the government argued that both defendants breached their … Read more
In Commonwealth v. Tillery, the Pennsylvania Superior Court reviewed an order from the Court of Common Pleas granting the defendant’s motion to suppress. Police officers pulled the defendant over for violating 75 Pa.C.S.A. § 3334(a), which requires motorists to use turn signals when changing lanes. The Commonwealth alleged that the defendant violated that provision by … Read more
In Commonwealth v. Grooms, the Pennsylvania Superior Court reviewed an order from the trial court denying the defendant’s motion to suppress drugs found in his car after a warrantless search. Two officers on routine patrol in a mall parking lot smelled marijuana coming from the defendant’s parked, unoccupied car. So, they broke into the car … Read more
In Commonwealth v. Shaw, the Pennsylvania Superior Court reversed the trial court’s order denying the defendant’s motion to suppress evidence found in his car during a traffic stop. After stopping the defendant for a traffic violation, a police officer noticed the smell of marijuana coming from the defendant’s car. The officer stated, “In Pennsylvania, the … Read more
In State v. Desir, the New Jersey Supreme Court reviewed an order from the Law Division denying a criminal defendant’s motion to compel discovery. The defendant sought the discovery to further his argument in support of a Franks hearing. The lower court had issued a search warrant for his home based on uncharged conduct involving a confidential … Read more
Commonwealth v. Alexander is a significant decision that will impact the litigation of motions to suppress for the coming years. In Alexander, the Pennsylvania Supreme Court overruled Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014), holding that Article I, Section 8 of the Pennsylvania Constitution affords greater protection to Pennsylvania’s citizens than the Fourth Amendment … Read more
In State v. Nyema, following the denial of his suppression motion, the defendant pleaded guilty to robbery. On appeal, Nyema argued that the police did not have reasonable suspicion to stop the vehicle in which he rode. The New Jersey Appellate Division agreed and reversed. At the suppression hearing, the arresting officer testified that, after he was … Read more
In State v. Williams, the New Jersey Supreme Court affirmed the Appellate Division’s opinion that reversed a trial court’s order denying suppression of certain physical evidence. Police officers knocked on the front door of a boarding house, and the officers’ knocks caused the door to open, as it apparently was not always closed (this seems … Read more