Commonwealth v. Malloy

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

State v. Desir

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. Price

In Commonwealth v. Price, the Pennsylvania Superior Court reversed a trial court’s order that suppressed evidence recovered during a search of the defendant’s cell phone. The Commonwealth sought and was granted a warrant. But the affidavit of probable cause supporting the warrant contained scant facts establishing probable cause. However, the Court ruled that the inevitable … Read more

State v. Williams

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

Commonwealth v. Johnson

In Commonwealth v. Johnson, a plurality of justices signed onto an opinion announcing the judgment of the Pennsylvania Supreme Court, holding that law enforcement failed to establish probable cause to search the contents of two cell phones. Those phones were recovered from the defendant’s pocket. He was in an apartment where drugs and guns were … Read more

State v. Radel

In State v. Radel, the Appellate Division confronted the question, “Did they really think they were allowed to do that?” Police received a forfeiture order directing them to seize a handgun from the defendant’s parents’ house. The defendant lived next door to his parents and was the purported owner of the gun. The defendant had … Read more

Commonwealth v. Brame

In Commonwealth v. Brame, the Superior Court concluded that the totality of circumstances — including officers’ observation of Brame tossing a knotted plastic bag into a vehicle followed by the vehicle’s occupant tossing a roll of money into Brame’s vehicle, as well as the officers’ training and experience — provided reasonable suspicion for an investigatory … Read more

Commonwealth v. Richard

The Superior Court reversed the trial court’s suppression order in Commonwealth v. Richard. The Court ruled that that the totality of the circumstances presented—marijuana discovered on Richard’s person, his visible nervousness as well as his inability to tell the officer where he was going, and the strong smell of marijuana emanating from inside the vehicle—provided the … Read more

Commonwealth v. Schneider

The Superior Court vacated the defendant’s convictions and remanded for a new trial in Commonwealth v. Schneider. The public servant exception of the community caretaking doctrine — an exception to the warrant requirement established by the PA Supreme Court in Commonwealth v. Livingstone — did not excuse the officers’ warrantless entry into the defendant’s residence. The Superior … Read more