Page 12 - PCPA Winter 2023 Bulletin Magazine

12
PA CHIEFS OF POLICE ASSOCIATION
STUMP THE CHUMP
Mr Boyle,
…Recently, we had an incident on
a vehicle stop where marijuana was
seized and the driver was advised
charges would be filed. Concern
arose when the driver was issued
a traffic citation at the conclusion
of the stop for expired registration,
which was original PC for the stop.
The concern was regarding a
possible double jeopardy situation
with the potential to lose the
marijuana charge, since the traffic
citation was e-filed during the stop
and the marijuana charges were to
be filed at a later date.
However, with some digging, we
uncovered PA Act 85 of 2022,
which essentially appears to nullify
the double jeopardy protection
clause when the underlying offense
is a summary offense (like a traffic
citation), even if the defendant
pleads guilty or is acquitted. With
this, the marijuana charge can still
be prosecuted even if the defendant
pleads guilty to the traffic citation
without running into double jeopardy
issues. Our district attorney's office
confirmed this.
This law is fairly new and no one
we spoke with seemed to be aware
of its existence, so I thought it may
be beneficial for others to be aware
of it. I know it's not quite case law,
but it is a pro-police law that may
help others who find themselves in
a similar situation.
Officer Connor Perone
Penn Township Police Department
Officer:
Damn right, Officer Perone. Damn
right. Thank you for bringing
it again to my attention. I ran
this in my monthly subscription
updates a few months back,
but it is certainly worthy of a
refresh, and I will likely include it
in a FREE Legal Update for Law
Enforcement in The Bulletin when
the chance arises.
Chris “The Chump” Boyle
COMMENT: A case of first
impression! Ain’t that special?
Sure is. The first paragraph is the
bottomline on this bad boy, but
the rest remains worthy of a read
as well. Sometimes these things
seem like common sense, and
that certainly is the case here, but
you never know until the Court
rules. Luckily, when it comes
to LPR’s, the Superior Court
finally has. I put this one in my
monthly subscription update, but
wanted to get it out to the troops
far and wide as well, so please
pass along the info if the chance
arises, all with the blessings of
The CHUMP! Be well and stay
safe everyone! CB
Commonwealth v. Zahir
Deshon Watkins
Superior Court of Pennsylvania
September 29, 2023, Decided;
No. 2209 EDA 2021
OPINION BY STEVENS, P.J.E.:
Whether use of a License Plate
Reader ("LPR") system to track
Appellant's movements is a search
under the Fourth Amendment
is a question of first impression
before this Court. The purpose a
license plate attached to a vehicle
is to provide information, and such
license plate is in plain view when
LT. CHRISTOPHER BOYLE #125 (RET.) is a fifth-generation
Police Officer and attorney. He spent the first sixteen years of
his professional life with the Philadelphia Police Department,
retiring as a Lieutenant. The next sixteen years were spent
training, consulting for, and defending Police Officers and
their Departments as a Trial Attorney and Law Enforcement
Expert. In 2020, Chris formed “Chris Boyle Law Enforcement
Consulting, LLC” to provide training, subject matter expertise
and consultation services to law enforcement and the legal
profession. He is a nationally recognized law enforcement
expert, frequently called upon to deliver seminars and other
training on a variety of topics. He is also a proud member of the
Pennsylvania Chiefs of Police Association who can be reached
at: ChrisBoyle125@ChrisBoyleConsulting.com or (215) 919-7879.
The material in this law alert has been prepared by Chris Boyle.
It is solely intended to provide information on recent legal
developments, and is not intended to provide legal advice for a
specific situation or to create an attorney-client relationship.
Christopher P. Boyle, Esq.
By: Chris Boyle, Esq., Chris Boyle Law Enforcement Consulting, LLC
Chris Boyle's Legal Update
CHRIS BOYLE'S LEGAL UPDATE