Articles Tagged: Criminal Procedure
A federal judge in Washington has put off deciding whether to throw out a criminal case against former FBI Director James Comey, giving prosecutors more time to pursue a formal indictment tied to an alleged 2016 leak of classified information. The pause keeps alive a closely watched procedural fight over how the Justice Department initiated the case and whether that approach lawfully preserved charges before the statute of limitations expired.
At the center of the dispute is the government’s use of what defense lawyers characterize as a placeholder charging mechanism.
The Pennsylvania Supreme Court has issued a significant state constitutional ruling, unanimously holding that Article I, Section 8 of the Pennsylvania Constitution protects private landowners from warrantless searches of posted private property. In doing so, the court rejected the federal “open fields” doctrine as a matter of Pennsylvania law, marking an important divergence from federal search-and-seizure doctrine.
The “open fields” doctrine, recognized under the Fourth Amendment, has long allowed law enforcement to enter and inspect certain land outside the home and its immediate surroundings without a warrant.

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