Joseph De Ritis was an Assistant Public Defender for Delaware County, Pennsylvania. To explain a perceived demotion to judges, other attorneys, and county officials, De Ritis circulated a rumor he had heard that he was being punished for taking too many cases to...
Are High EZ-Pass Fees Unconstitutional?
Is EZ-Pass really so easy? You’ve seen the infomercials. Buy “mighty putty,” the “GLH Hair System” or the “thigh master” for just 15 or more “easy” payments of $9.99. It is so easy separating the consumer from his money. Toll booth authorities, no doubt taking a cue...
SCOTUS Grants Certiorari in Cellphone Tracking Case
There is a growing consensus among federal appeals courts that law enforcement can request tracking data from a user’s cellphone without a warrant and without violating the Fourth Amendment’s protection against unreasonable search and seizure. The Supreme Court just...
Ninth Circuit Rules that Gun Transfer Fee Does not Violate Second Amendment
On June 1, 2017, the Ninth Circuit Court of Appeals ruled in Bauer v. Becerra, that a fee on firearms transfers to fund enforcement efforts against illegal firearm purchasers did not violate the Second Amendment. The California program, established in 2001, enforces...
SCOTUS Rejects 9th Circuit’s “Provocation” Rule in 4th Amendment Excessive Force Cases
Justice AlitoOn Tuesday, May 30, 2017, the U.S. Supreme Court set aside a multi-million dollar verdict in a California shooting case. LA police had burst into a shack without a search warrant and grievously shot two people. At issue in County of LA v. Mendez was the...
Trump Administration Asks Supreme Court to Reject Gun Rights for Those Convicted of Nonviolent Crimes
The Trump administration is urging the U.S. Supreme Court to reject a 2nd Amendment claim that would restore the right to own a gun by two Pennsylvania men who were convicted more than 20 years ago of nonviolent crimes. The case is Sessions v. Binderup. Judge Gardner...
Warrantless Search of Student’s Unattended Bookbag Upheld in Ohio
School police did not violate 4th Amendment by Searching Student’s Bag The Ohio Supreme Court unanimously held on May 11, 2017 that a warrantless school search of a high school student’s unattended book bag was not an unreasonable search under the Fourth Amendment....
3rd Circuit Considers 1st Amendment Right to Film Police
“Copwatch” Case heard by 3rd Circuit The 3rd Circuit Court of Appeals heard argument on May 9, 2017 on the question of whether there is a 1st Amendment right to film on-duty police officers. The case is Fields v. City of Philadelphia and a video of the argument can be...
Attorney Geiger to Speak at Prison Risk Management Workshop
Attorney Geiger will be speaking at a Prison Risk Management Workshop on May 25, 2017 at the Hotel Hershey in Hershey, PA. The conference is sponsored by the County Commissioners’ Association of Pennsylvania (CCAP). Geiger will be speaking on the responsibilities of...
Third Circuit Court of Appeals Now Posting Argument Videos
The Third Circuit Court of Appeals recently changed its operating procedures to provide for the posting of argument videos on the internet. The new rule provides an opportunity for counsel to object to the posting, which then requires that all judges on the panel...