Under Pennsylvania law, police officers are required to only conduct searches when they have a valid search warrant. Through case law, the courts have created a very narrow set of exceptions or excuses to the general warrant requirement. One such exception...
Pennsylvania’s definition of firearm for mandatory sentence in PWID cases
by Bellwoar Kelly, LLP | Apr 15, 2014 | Injuries
In Pennsylvania, a person who is convicted of the crime of possession with the intent to deliver can face a number of mandatory minimum sentences. One of the factual scenarios that can activate a mandatory minimum sentence is where a firearm is located in close...
Recent Pennsylvania Supreme Court Case re: Inventory Search
by Bellwoar Kelly, LLP | Apr 9, 2014 | Suppression
The Pennsylvania Supreme Court recently issued a ruling that reduces the police's ability to tow vehicles and conduct warrantless inventory searches of the vehicle. These cases often arise in drug cases. The United States and Pennsylvania Constitutions...
Juvenile adjudications calculated towards Prior Record Score in Pennsylvania
by Bellwoar Kelly, LLP | Apr 2, 2014 | Trials & Hearings
A common question from someone who is charged with a crime is what the potential punishment or time of incarceration could be for the charge. In Pennsylvania, courts use sentencing guidelines as a guide for determining someone's sentence. A person's...
Elements for the plain view doctrine in Pennsylvania
by Bellwoar Kelly, LLP | Apr 1, 2014 | Suppression
In Pennsylvania, plain view is a type of exception or excuse from the constitutional provision requiring that all searches must be conducted pursuant to a warrant. Under the plain view exception, the Commonwealth must prove that the officer was lawfully present...