Philadelphia Criminal Defense Blog

Zak Goldstein 6/30/20 Zak Goldstein 6/30/20

PA Supreme Court Finds Use of Medical Marijuana Not a Probation Violation

Philadelphia Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Supreme Court has decided the case of Gas v. 52nd Judicial District, Lebanon County, holding that judges and probation officers in Pennsylvania cannot issue blanket orders prohibiting probationers from using lawfully obtained medical marijuana. This is decision is a huge win for probationers because more and more people are being prescribed medical marijuana to treat their underlying physical and mental health conditions. There is a wide body of research that shows that medical marijuana can be very therapeutic. However, many conservative counties had moved to prohibit probationers from using marijuana even when the treatment has been provided by a doctor. This decision will allow probationers to receive the treatment that they need without fear from retribution by their probation officers or back judges.

Gass v. 52nd Judicial District, Lebanon County

In 2016, the Pennsylvania General Assembly enacted the Medical Marijuana Act. In a declaration of policy, it recognized that scientific evidence suggests that medical marijuana is one potential therapy that may mitigate suffering in some patients and also enhance their quality of life. The Medical Marijuana Act specifically stated that possession of medical marijuana is legal in Pennsylvania. It also stated that a person cannot be subjected to arrest, prosecution, or penalty in any manner on the basis of medical marijuana.

Three years after the passage of the Medical Marijuana Act, the 52nd Judicial District (Lebanon County) announced its “Medical Marijuana Policy” which prohibits the active use of medical marijuana while a defendant is under supervision by the Lebanon County Probation Services Department. In the instant case, the defendant was a probationer who was being supervised by Lebanon County’s probation department. She claimed that she suffered from a serious and debilitating medical condition. The defendant attempted other therapies, but they were not successful in treating her underlying condition. She then secured lawful authorization to use medical marijuana. However, because of Lebanon County’s Policy, she was not allowed to use it. The defendant subsequently filed a petition in the Commonwealth Court to challenge the validity of Lebanon County’s Policy.

The Commonwealth Court found that it lacked jurisdiction to hear the case, so it transferred jurisdiction to the Pennsylvania Supreme Court. In response to the defendant’s petition, the 52nd Judicial District argued that the General Assembly did not intend for the Marijuana Medical Act to override the court’s ability to supervise probationers and parolees. Further, the 52nd Judicial District argued that its probation services office has experienced disruptions and persistent difficulties when supervising probationers and parolees using medical marijuana. Finally, the 52nd Judicial District argued that it should prevail because its probationers must comply with all state and federal criminal laws and that probationers must refrain from using alcohol or “any legal or illegal mind/mood altering chemical/substance.”

Can you use medical marijuana while on probation in PA?

The Pennsylvania Supreme Court found that Lebanon County’s Policy violated the Medical Marijuana Act and held that Lebanon County probationers are allowed to use medical marijuana so long as it was lawfully obtained. In making its decision, the Pennsylvania Supreme Court reviewed the language of the Act. The Court found that although people with criminal records may be prohibited from delivering medical marijuana to patients, they can still qualify as patients under the Medical Marijuana Act. Further, the Legislature specifically prohibits individuals who are in custody at a correctional institution to be permitted to use medical marijuana.

This is significant because the Medical Marijuana Act omits any reference to individuals on supervision (i.e. probation). Therefore, the Legislature could have specifically prohibited probationers from using medical marijuana, but it chose not to. Additionally, the fact that they specifically addressed individuals in custody shows that the Legislature considered individuals involved in the criminal justice system and chose not to exclude probationers from using medical marijuana. Therefore, the policy violates the act, as did a revised policy which put the burden on the probationer to prove in a court hearing that the marijuana was medically necessary despite a doctor having already so determined. Because its policy violates the Medical Marijuana Act, Lebanon County can no longer enforce its policy and the defendant will be permitted to use medical marijuana while on supervision.

Facing Criminal Charges? We Can Help.

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 6/21/20 Zak Goldstein 6/21/20

PA Superior Court: Car Stop in High Crime Area at Night Not Enough to Justify Search of Defendant's Vehicle

The Superior Court has decided the case of Commonwealth v. Arrington, holding that the police cannot search a person or car for weapons solely because they stopped that person at night in a high-crime area. Instead, there has to be something about the person’s behavior more than the timing and location of the search that would justify such an intrusion on someone’s Fourth Amendment rights.

Commonwealth v. Arrington

On October 25, 2016, Pittsburgh Police officers were on patrol in the Homewood neighborhood of Pittsburgh. At around 2:00 AM, the officers observed the defendant’s vehicle driving towards them in their lane of travel. The defendant’s vehicle remained in the incorrect lane of travel for several seconds before returning to the correct side of the road. The officers suspected that the defendant was driving under the influence of drugs or alcohol and conducted a traffic stop.

When the officers approached the defendant’s vehicle, they witnessed the defendant exhibit several signs of intoxication. The defendant did provide the officers with his driver’s license. However, because of his alleged intoxication, the officers asked the defendant to step out of the vehicle. The defendant did not immediately respond, so the officers physically removed the defendant from the vehicle, conducted a pat down search of him, and placed him in handcuffs. Once the defendant was detained, the officers ran the defendant’s name through the National Crime Information Center (hereinafter “NCIC”). This NCIC search revealed that the defendant had a revoked concealed-carry permit.

The officers then asked if the defendant if he was in possession of any weapons to which the defendant replied he was not. The officers subsequently searched the defendant’s car, without a search warrant, and found a handgun in the backseat. The handgun’s serial number was run through NCIC, and it came back that the weapon had been reported stolen. Police arrested the defendant. The officers then searched the vehicle again as well as the defendant. Upon searching the vehicle, the officers discovered 81 bags of heroin, U.S. currency, a digital scale, and four cell phones. After searching the defendant, they discovered additional U.S. currency and another bag of heroin.

Prosecutors filed various charges for firearms and drug trafficking offenses. Specifically, they charged the defendant with firearms not to be carried without a license (VUFA 6106), possession of drug paraphernalia, possession of a controlled substance, possession with the intent to deliver, and various traffic offenses. Notably, the defendant was not charged with DUI.

Prior to his trial, the defendant filed a motion to suppress arguing that the search of his vehicle was illegal. The trial court denied the motion. The defendant then elected to proceed by way of a non-jury trial where the court found him guilty of the previously mentioned offenses. He received fifteen months of probation. The defendant then filed a timely appeal.

Are the Police Allowed to Search My Vehicle for Weapons?

The police are only allowed to search your vehicle for weapons during a car stop (also known as a protective sweep) if they have reasonable articulable suspicion that you are armed and dangerous. To conduct this search, the officer must reasonably believe that his safety or the safety of others is threatened. If the search is found to be unreasonable, the judicial remedy is to exclude all evidence that derived from this illegal search.

In making this determination, the court will look at the totality of the circumstances to determine whether the officer’s actions were legally justified. Some of the factors that courts will consider are: whether the stop occurred at night; whether the defendant appeared to conceal something; whether the defendant was nervous during the interaction; whether the area the stop occurred is considered a high crime area; whether weapons are in plain view; and other factors that the trial court may deem appropriate.

The Superior Court’s Decision

The Superior Court reversed the trial court’s decision and held that the contraband and weapons found in the defendant’s car should have been suppressed. In making its decision, the Superior Court held that the evidence was not sufficient to establish that the officers reasonably believed that the defendant was armed and dangerous. Although the stop did occur at night, the defendant did not make any furtive movements nor did he display any nervousness. Further, the defendant provided the officers his driver’s license and no weapons were visible when he was initially stopped. According to the Superior Court, the only factors that supported reasonable suspicion was that the stop occurred at night and in a high-crime neighborhood. Therefore, because the defendant “posed no threat to the officers’ safety” the Superior Court reversed the trial court and ordered that the contraband seized from his car should have been suppressed. As such, the defendant’s conviction will be vacated, and he will get a new trial.

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Zak Goldstein 4/30/20 Zak Goldstein 4/30/20

PA Supreme Court: Deputy Sheriff May Not Conduct Traffic Stop for Expired Registration Sticker

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Copenhaver, holding that deputy sheriffs may not conduct traffic stops on the basis of an expired car registration sticker. In general, deputy sheriffs may only conduct stops of motorists when they observe a “breach of the peace” or the commission of a felony, or misdemeanor offense. Because an expired registration does not constitute a breach of the peace under Pennsylvania law, sheriff’s deputies may not stop motorists to investigate or issue citations even where the deputies have the same training as a police officer.

The Facts of Copenhaver

In Copenhaver, a deputy sheriff conducted a vehicle stop of the defendant’s pickup truck after seeing that the truck had an expired registration sticker. Upon approaching the truck, the deputy smelled the odor of alcohol and marijuana coming from the passenger compartment. The deputy ordered the defendant to exit the vehicle, administered field sobriety tests, and eventually arrested him on suspicion of driving under the influence of drugs and alcohol.

The Motion to Suppress

After prosecutors filed the DUI charges, the defendant moved to suppress the evidence obtained by the deputy sheriff. Specifically, the defendant alleged that the deputy did not have the authority to conduct the traffic stop, and therefore all evidence as a result of the encounter should be suppressed. The defendant argued that an expired registration tag does not give a deputy sheriff the authority to make a stop because it does not amount to a breach of the peace for purposes of a deputy’s common law authority to make an arrest. The trial court denied the motion to suppress and found the defendant guilty of DUI and other traffic offenses. The defendant appealed, and the Superior Court denied the initial appeal. The defendant then appealed his DUI conviction to the Pennsylvania Supreme Court, and the Supreme Court accepted the case.

The PA Supreme Court’s Decision

The Supreme Court reversed the conviction and ordered that all evidence from the stop should be suppressed. The Court found that operating a vehicle with an expired registration, standing alone, is not a breach of the peace. The Court reasoned that a “breach of the peace” arises from “an act or circumstance that causes harm to persons or property, or has a reasonable potential to cause such harm, or otherwise to provoke violence, danger, or disruption to public order.” Operating a car with an expired registration sticker simply does not pose any risk to the general public, so the deputy did not have the authority to stop the defendant. Therefore, the stop should not have occurred, and the evidence must be suppressed.

When can a sheriff’s deputy make a stop or an arrest in Pennsylvania?

While police officers have general authority in their jurisdictions to enforce Pennsylvania law and investigate summary violations, misdemeanors, and felonies, the powers of a sheriff’s deputy are limited. A sheriff’s deputy does not have this general investigative power. Instead, a sheriff’s deputy may only investigate or make arrests for crimes that they see – this means they can make a stop or arrest where they actually observe the commission of a felony, misdemeanor, or a breach of the peace. They do not have the general authority to investigate crimes or enforce all traffic laws. Therefore, the sheriff’s deputy here violated the defendant’s rights, and the conviction must be reversed. It’s important to remember that this does not mean that if a sheriff tries to pul you over, you do not have to comply. You should still comply and address any violations of your rights in court at a later date.

Facing criminal charges in Philadelphia, PA? We can help.

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, DUI, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Read the Case

Zak Goldstein 4/4/20 Zak Goldstein 4/4/20

PA Superior Court: Police Properly Conducted Inventory Search of Vehicle Where Unlicensed Driver Parked at Gas Pump During Stop

The Pennsylvania Superior Court has decided the case of Commonwealth v. Peak, holding that police properly conducted an inventory search of a car which had to be towed because the driver had parked at a gas pump and did not have a valid driver’s license.

Zak Goldstein - Criminal Lawyer in Philadelphia

The Facts of Peak

In Peak, the defendant was charged with Possession with the Intent to Deliver following a traffic stop. On March 3, 2017, a police officer was on routine patrol in a marked police car. While he was driving, he saw a Buick Sedan out in the intersection that seemed to be confused about whether it was turning left or right. The car had no turn signal and eventually turned left. The officer made a U-turn to conduct a traffic stop. Before he could, the car pulled up to a gas pump at a local convenience store near the intersection. The officer pulled behind the Buick and ordered the driver of the Buick to remain in the car.

The officer approached the defendant and asked for his license and insurance. He immediately smelled an odor of burnt marijuana. Nonetheless, he ran the defendant’s license and learned that the defendant’s driver’s license had been suspended. He then told the defendant to get out of the car and grab any of his belongings. He asked to whom the car belonged, and the defendant replied that it belonged to his sister. The officer told the defendant that he would have to have the car towed, and the defendant did not make any objections to the officer. He also told the defendant that he was not planning on arresting him but would send citations in the mail.

The Inventory Search of the Car

The officer then called a private tow company and began conducting an inventory search of the defendant’s car. He felt that it was necessary to tow the car because it was not in a legal parking spot but was instead parked directly in front of an operable gas pump. This was impeding the business’s ability to sell gas as normal. He felt that it was important to conduct an inventory search to document any valuables in the vehicle and protect the police from any claims concerning missing or damaged property. The defendant did tell the officer that he was trying to get someone to come get the car, and the defendant did begin making phone calls. Nonetheless, the tow truck arrived within ten minutes.

Prior to the tow truck taking the car, the officer conducted the inventory search and found bundles of heroin in the car. He then arrested the defendant, searched him, and found $1,700. Prosecutors charged the defendant with Possession with the Intent to Deliver based on the amount of the heroin.

The trial court denied the motion to suppress, found the defendant guilty of PWID, and sentenced him to three to six years’ incarceration followed by a period of probation. The defendant eventually appealed to the Pennsylvania Superior Court.

The Pennsylvania Superior Court’s Ruling on Appeal

The Superior Court denied the appeal. First, the court found that the defendant did have standing to bring a motion to suppress and that he had a reasonable expectation of privacy in the vehicle despite the fact that he did not own it. He had borrowed it with his sister’s permission and had been legally driving it at the time of the stop. Therefore, he had a reasonable expectation of privacy in the car despite the fact that he was not the registered owner. He had also testified that although it was not registered to him, he had purchased it himself with his own money and then put it in his sister’s name.

What is an inventory search?

Nonetheless, court denied the motion because it found that the police properly conducted an inventory search of the vehicle. Under Section 6309.2 of the Pennsylvania Motor Vehicle Code, police officers are directed to immobilize or tow a vehicle when they find that a person has operated that vehicle on a highway or trafficway without a valid driver’s license. When the police have to tow a vehicle, they are permitted to conduct an inventory search of the vehicle. An inventory search is permissible when 1) the police have acted lawfully in impounding the vehicle and 2) the police have acted in accordance with a reasonable, standard policy of routinely securing and inventorying the contents of the impounded vehicle.

The critical question when litigating these types of motions is whether or not the police actually had to tow the vehicle. In general, if the police can just leave the vehicle on the street in a lawful parking spot or allow someone else to come get it, then they do not necessarily have the authority to tow it and conduct an inventory search. At the same time, if the vehicle is jeopardizing public safety in some way or has not been parked legally, then the police may have the authority to tow the vehicle. If they have that authority, then they are allowed to first search the car even without a warrant.

The decision to tow the vehicle must be based on public safety; it cannot be motivated by a desire to search the car on a hunch. Thus, in Commonwealth v. Laganella, the Pennsylvania Supreme Court found that evidence should be suppressed where the police had no reason to tow a car from a lawful parking spot. Here, however, the car was parked blocking a gas pump, preventing customers from getting gas. The owner did not want his pump blocked, and there was no one else there to drive the vehicle away immediately. The fact that someone might have been able to come at some point in the future did not change the analysis. Therefore, the Superior Court found that the police properly towed the vehicle and therefore had the right to conduct an inventory search. Accordingly, the Superior Court denied the criminal appeal.

Facing criminal charges in Philadelphia, PA? We can help.

Criminal Defense Attorneys in Philadelphia

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, DUI, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.