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Burglary conviction overturned on appeal PDF Print E-mail

Client was charged, tried, and convicted of burglary and conspiracy to commit burglary. The trial court ruled that the stop of client's vehicle was legal. On appeal, the Superior Court ruled that the stop was illegal and that all evidence gained from the stop, including statements by client and co-conspirators that were incriminating, should have been suppressed. Client remained free on bail during the appeal. There was no retrial on the charges, and client avoided the sentence originally imposed by the trial court of 11.5 - 23 months imprisonment.

Reference number: 2037 M.D.A. 2004 (decided October 26, 2005). 




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Newsflash

In a decision issued on February 21, 2008, the Pennsylvania Superior Court issued a "suspended owner" decision allowing stops of motor vehicles owned by people with suspended licenses, so long as police can generally match the description of the owner of the vehicle to the person operting the car.

 

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