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Ct. 1982). It is the Defendant's burden to establish his or her privacy interest; after the privacy interest is established, the Commonwealth then needs to show that the subject evidence was not illegally obtained. Commonwealth v. Millner, 888 A.2d 680 (Pa. 2005); Commonwealth v. Perea, 791 A.2d 427 (Pa. Super. Ct. 2002).
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
Conviction of the property owner is required, but the property owner is required to contest the forfeiture. Conviction provision does not apply if the owner agreed to help investigators in exchange for immunity or a reduced sentence. Once the owner is convicted, the property must be linked to the crime via clear and convincing evidence.
Property bond – the accused or a person acting on his behalf pledges real property having a value at least equal to the amount of the bail. If the principal fails to appear for trial the state can levy or institute foreclosure proceedings against the property to recover the bail. Used in rare cases and in certain jurisdictions.
The family of Alexander McClay Williams, a Black teen who was executed in Pennsylvania after being convicted of murder in 1931, have filed a lawsuit nearly 100 years after his death.
The escape of a convicted murderer from a Chester County correctional facility in late August is not the only incident of its kind in Pennsylvania in the past few months.
For example, in the case of Meering v Grahame-White Aviation [1918] [29] the claimant was told to stay in an office because property was going missing and if they tried to leave the office they would have been stopped. This was held to be a false imprisonment even though the claimant did not know they were being imprisoned.
Accelerated Rehabilitative Disposition (ARD) is a pretrial intervention program in the Commonwealth of Pennsylvania, United States for non-violent offenders with no prior or limited record. The primary purpose of the program is the rehabilitation of the offender and secondarily the prompt disposition of charges, eliminating the need for costly ...