PREVIOUS LEGAL UPDATES
This page contains significant/relevant cases that were incorporated into annual LEGAL UPDATES training.
111 of 2016 (10/26/16), HB 1581, PN 3089 New offense – Strangulation, 18
Pa.C.S. § 2718; Physical injury not an element of the offense; Consent is an
affirmative defense; Grading can be M2, F2 or F1; F2: Victim is family or
household member, care dependent person; F2: Crime committed “in conjunction
with sexual violence [or] human trafficking”; F1: Defendant was subject to
restraining order, used an instrument of crime or has prior F2 conviction
136 of 2016 (11/3/16), HB 1703, PN 2849; Operation of ATV to be pursuant to
age recommendation warning label; Reenactment of language for operators age 8
and 9; Youthful operator has five days to present safety certificate to issuing
authority; Technical changes to Vehicle Code Section 7743 regarding mufflers
and “sound” control
111 (HB 1581 of 2016) An Act amending Title 18 (Crimes and Offenses) of the
Pennsylvania Consolidated Statutes, in assault, providing for the offense of
101(HB 950 of 2015) An Act amending Title 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, in general provisions relating to operation of vehicles,
further providing for traffic-control signals and for expiration of automated
red light enforcement systems provisions. If a sensor(s) at a traffic control
signal fails to detect the presence of a vehicle, the operator of that vehicle
shall stop in the same manner as at a stop sign.
v. North Dakota (United States Supreme Court), The Fourth Amendment permits
warrantless breath tests incident to arrest for DUI, but not warrantless blood
16 of 2016 Medical Marijuana Act - see document
prepared by David J. Drumheller, Esq. of the Pennsylvania District Attorneys
v. Davis (Superior Court) Live-in girlfriend has the authority to give
consent to search apartment.
v. Benito (Superior Court) Defendant did not have the privilege of entering
his spouse’s residence after she told him not to enter, changed the locks,
and she had exclusive control of the property.
v. Irvin (Superior Court) Searching of trash cans without a warrant is
lawful as long as the trash cans were placed out for pickup in an area
accessible to the public.
v. Eichler (Superior Court) Police officer going onto the curtilage of
defendant’s property did not violate the 4th Amendment, because the police
officer had authority to enter onto the property for a police investigation and
limited his movement to only areas that visitors would be expected to go on the
v. Roberts (Superior Court) Police officers engaged Defendant in a mere
encounter, he fled on foot. Defendant discarded contraband. The police were
legally allowed to obtain this evidence.
55 of 2015
An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes,
in general provisions relating to operation of vehicles, further providing for
obedience to authorized persons directing traffic; and providing for drivers of
certified escort vehicles; in other required equipment, further providing for
identification of certain vehicles; and, in size, weight and load, further
providing for scope and application of chapter and for conditions of permits
and security for damages.
10/22/15: United States v. Slocumb
(4th Circuit) Police officers did not have reasonable suspicion to detain and evidence was suppressed.