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Author Archives: Keith DiFabio

The Default Rule: Warrants Are Required to Search Vehicles

On December 22, 2020, the Pennsylvania Supreme Court issued an opinion, Commonwealth of Pennsylvania v. Alexander, requiring law enforcement to secure a warrant prior to searching automobiles, unless probable cause and exigent circumstances exist. Previously a warrant was not required to search an automobile after a traffic stop, as law enforcement only needed probable cause…. Read More »

Pennsylvania Ignition Interlock Limited Licenses

Individuals convicted of driving under the influence, who previously would not be able to drive on a suspended license, may now qualify for an ignition interlock limited license.  Once individuals receive their ignition interlock limited license, and have the device installed, they are required to blow into the device prior to starting their vehicle. As of… Read More »

Purchasing a Firearm?

Before an individual is able to purchase a firearm, they must complete a firearms transaction record form.  One of the main reasons, out of a few, that individuals are denied the ability to purchase a firearm, and are eventually charged criminally, is for providing inaccurate information on the application form.  These forms are several pages… Read More »

The Constitutionality of DUI Checkpoints

The holidays have now passed us, and many of you may have realized the presence of DUI checkpoints while you were traveling for the holidays.  The United States Supreme Court has stated in Michigan Department of State Police v. Sitz that DUI checkpoints do not offend the Fourth Amendment to the United States Constitution because… Read More »

The New Law Regarding Limited Access to Criminal Records

In November of 2016, Pennsylvania passed a new law that enables an individual to have their criminal record sealed if certain prerequisites are met.  This is a different process than an expungement, as different conditions must be met and the record is “sealed,” rather than expunged.  Sealing the record means that the criminal record may… Read More »