Can an Accomplice Argue the Shooter Acted in Self-Defense? The Superior Court Says Yes in Commonwealth v. Parks
Suppose two people are charged with murder for one killing. Only one of them pulled the trigger. The other is charged as an accomplice, meaning the Commonwealth says she helped plan or carry out the…
When Does Seeing a Gun Justify a Stop in Pennsylvania? Commonwealth v. Smith, Hicks, and Hawkins-Davenport
Since 2019, the rule in Pennsylvania has been that a police officer cannot stop someone just because the officer sees that the person is carrying a gun. Carrying a firearm is legal for a great many…
Can You Challenge a Traffic Stop From a Different County's Case? Commonwealth v. Sanchez-Rodriguez
Prosecutors often prove one case with evidence gathered in another. A client is stopped in one county, drugs are found, and he resolves that case with a plea. Later, a second county uses the fruits…
Can a Prosecutor Tell the Jury You Hired a Lawyer? The Pennsylvania Supreme Court Says No — But the Conviction Stands
A person learns the police are looking at him and hires a lawyer before he talks to them. He has not been charged with anything. Later, at trial, can the prosecutor point to that decision and ask the…
Can a Police Officer Testify That He Saw a Drug Deal? Commonwealth v. James and the Third Circuit's Evans Decision
In almost every street-level drug case, the key witness is a narcotics officer who watched the defendant from a distance. The officer describes what he saw: short conversations, money going one way,…
When Google Reports You to the Police: Commonwealth v. Thomas and the Private Search Rule
Most child sexual abuse material cases in Pennsylvania no longer start with a police investigation. They start with a tech company. Google, Facebook, and other online providers run systems that scan…
When Does Dropping a Gun Count as Abandoning It? Two Pennsylvania Decisions, Two Days Apart
Two men in Philadelphia got rid of a gun near a parked vehicle as police came toward them. Both ran. Both were caught. Both were charged with firearms offenses, and in both cases a judge of the Court…
Tried Without Him: What Notice of a Trial Term Requires in Pennsylvania
A defendant stands in a Lancaster County courtroom at the call of the criminal list and hears the judge say his case will be tried during the two-week term that begins October 9. October 9 turns out…
Machine Guns, Visa Holders, and an Officer's Mistake: Three Third Circuit Decisions From One Day
On September 1, 2026, the Third Circuit published three precedential criminal opinions. Two are Second Amendment cases decided under the Bruen framework. The third is a Fourth Amendment case about…
Can You Be Convicted of a Crime the Information Never Charged? Commonwealth v. Blackston
The criminal information is the document that tells a defendant what he is on trial for. In Pennsylvania, it is filed after the preliminary hearing or grand jury and lists each offense the…