Do Police Need a Search Warrant

When do Police Need a Search Warrant?

When Do Police Need a Search Warrant? The Fourth Amendment of the United States Constitution protects the People from unreasonable searches and seizures.  In Pennsylvania, an unreasonable search occurs when police violate a “reasonable expectation of privacy.”  As a general rule a search or seizure of a citizen’s home without a warrant is presumed unreasonable.  […]

Philadelphia Gun Lawyr

Philadelphia Firearms Charges

Philadelphia Firearms Charges Philadelphia Gun Lawyer Mark D. Copoulos has experience defending Philadelphia Firearm Charges.  Philadelphia firearms charges can carry heavy penalties.  Most Philadelphia firearms charges carry the prospect of incarceration, especially if the defendant is charged with a second offense.  In Pennsylvania, gun laws are governed by the Violation of Uniform Firearms Act.  The […]

Motion to Suppress Lawyers

Motion to Suppress

Motion to Suppress Lawyer A Motion to Suppress may be a legal basis to preclude evidence.  If evidence is obtained illegally it must be suppressed.  Since suppressed evidence cannot be used  a motion to suppress may be determinative.  The Pennsylvania Superior Court has decided the case of Commonwealth v. Barr, holding that the odor of […]

Hearsay at Preliminary Hearing

Hearsay at Preliminary Hearing

Using hearsay at a preliminary hearing is subject to limitations.  The Pennsylvania Supreme Court has decided the case of Commonwealth v. McClelland, holding that hearsay alone is insufficient to establish a prima facie case at a preliminary hearing.  This is a landmark decision since the Pennsylvania Superior Court recently held in Commonwealth v Ricker, that […]

Emergency Housing Protection Act

Emergency Housing Protection Act

PHILADELPHIA EMERGENCY HOUSING PROTECTION ACT  The Philadelphia City Counsel has passed the Emergency Housing Protection Act (“EHPA”).  The city law imposes strict compliance requirements on landlords to evict tenants following the COVID-19 pandemic.  The EHPA has already been challenged by the Homeowners Association of Philadelphia (HAPCO) as unconstitutional in federal court. The EHPA was passed […]

Search and Seizure

Search and Seizure

PENNSYLVANIA SEARCH AND SEIZURE LAW Police must have a legal basis to intrude on the rights of a private citizen under search and seizure law.  The Pennsylvania Superior Court has decided the case of Commonwealth v. Arrington, holding that a traffic stop late at night in a high crime-area without more is not reasonable suspicion […]

Jury selection is an important aspect of any trial

Jury Selection

SHOULD I WAIVE THE JURY TRIAL? Jury selection is an important element of a criminal trial.  The Pennsylvania Superior Court has decided the case of Commonwealth v. Rosenthal, No. 1401 WDA 2018, holding that general racial animus or stereotyping is insufficient to overturn a jury verdict.  For a jury verdict to be overturned due to […]

Early Lease Termination

Early Lease Termination

In Philadelphia, many tenants inquire about early lease termination.  Tenants have rights.  The rights are codified in the Philadelphia Property Maintenance Code.  Tenants also have rights under the Emergency Housing Protection Act.  Finally, Tenants have rights under Pennsylvania case law. Early Termination Protections The law guarantees tenants a covenant of quiet enjoyment and implied warranty […]