Category Archives: Search & Seizure

Mandatory Driver’s License Suspension to End In Some Cases

 

Ending a decades long practice of suspending driver’s licenses, Pennsylvania will soon eliminate driver’s license suspensions for some drug crimes that are unrelated to driving. More details can be found here. Contact the office for clarification and to discuss your situation.

 

 

 

Supreme Court Changes Rules for Police in DUI Arrests Just Ahead of July 4th Weekend

DUI Law UpdateGenerally, there are three ways that a police officer can test you for blood alcohol concentration (BAC) during a traffic stop. They can sample your breath, blood, or urine, however breath and blood are by far the most common methods used. In addition, all states have an implied consent law, which means that by driving on the road, you have agreed to submit to BAC testing. The implied consent laws also lay out punishments for refusing to submit to BAC testing. …Read more

MAKING NEW LAW IN MONTGOMERY COUNTY: Expunging Charges That Were Dropped In Exchange For A Plea

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The Law Offices of James W. Flood, P.C. recently won a great victory for those seeking to expunge their records in Montgomery County. Our client had been previously arrested and charged with very serious felony offenses. After a full investigation and a vigorous defense, the serious charges were nolle prossed (dropped) and the client pled guilty to a minor offense. We petitioned to expunge the serious charges that had been dropped. However, the Montgomery County District Attorney’s Office opposed our request.

After a hearing, the Honorable Senior Judge William T. Nicholas granted the petition and ordered the expungement of the charges that had been nolle prossed at the time of the plea. …Read more

Sobriety Checkpoints Dilemma

bottles of alcoholAn interesting series of videos have recently been making the rounds on social media, in which Florida attorney Warren Redlich demonstrates an innovative method for negotiating sobriety checkpoints.

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Redlich’s strategy is to limit his interaction with the police, and to avoid giving police the opportunity to claim that they can smell an odor of drugs or alcohol from the vehicle or to allege that he is slurring his words. In doing so, …Read more

Warrantless Search of Cell Phone Now Prohibited

Police search and seizurePolice can no longer search through a person’s cell phone simply because it is in their possession when they are arrested.

The United States Supreme Court recently issued decisions in two cases that limit the scope of searches incident to arrest when it comes to cell phones. …Read more