Significant Case Law PA

Significant Case Law PA

Kevin Leckerman wrote the briefs for and argued the following cases before the Commonwealth and Superior Courts of Pennsylvania.

Commonwealth v. McClease, 750 A.2d 320 (Pa. Super. 2000)

Held that detective’s show of authority during a traffic stop in stating “Police Officer. Stay in your vehicle,” would cause a reasonable person to believe that he was not free to leave, and thus, upon detective’s utterance of the order to stay, defendant was seized, and the investigative detention commenced.

Commonwealth v. Dales, 820 A.2d 807 (Pa. Super. 2003)

Defendant was seized throughout a stop which began as a traffic stop;

Police needed reasonable suspicion to support their continued investigation after initial traffic stop had concluded; and

Police lacked reasonable suspicion to conduct a second round of questioning after initial traffic stop had concluded.

Bruce Worthington v. PA Board of Probation and Parole, 784 A.2d 275 (Pa. Commonwealth Ct. 2001)

Here, when Worthington appeared without counsel at the August 24, 2000 hearing, the hearing examiner had a legal obligation to determine whether Worthington’s waiver of counsel was knowing, intelligent and freely made. The hearing examiner asked Worthington whether his waiver of counsel was freely made, but the hearing examiner never inquired about the basis for Worthington’s sudden abandonment of his right to be represented by counsel.