From late 2024 to 2025 we have seen many important developments in Pennsylvania criminal law and Pennsylvania criminal procedure. These developments are generally favoring defendants particularly regarding DUIs and traffic stops.

Pennsylvania Criminal Cases

Commonwealth v. Walker – Commonwealth permitted to voir dire jury about the ability to convict solely on the testimony of one witness without corroborating evidence. The Court did not err in allowing the question in a sex assault case.

Commonwealth v. Hunte – Section 3755 determined to be facially unconstitutional. The statute previously empowered police to request hospital personnel to draw an individual's blood without a warrant or consent. The Court determined that Section 3755 is facially unconstitutional because it creates a statutory avenue for police to search an individual's blood without a warrant or consent.

Commonwealth v. Persico – Blood draws at the behest of hospital staff, even if done independently, violate the defendant's rights when there is no evidence the blood was drawn for an independent medical purpose.

Commonwealth v. Anderson – Just because a car is registered to someone else does not mean the Defendant has no reasonable expectation of privacy in a motor vehicle. Ownership of a vehicle does not necessarily determine reasonable expectation of privacy.

Commonwealth v. Shifflet – ARD does not equal a conviction subjecting a subsequent DUI arrest to enhanced penalties. Using ARD as proof of a prior offense rendered sentencing unconstitutional under Alleyne. Section 3806 regarding ARD definitions ruled unconstitutional.

Commonwealth v. Ferguson – Suspension of operating privileges following a DUI/ARD is OK and did not violate due process. Suspension was based on the subsequent DUI conviction, not necessarily the ARD acceptance.

Commonwealth v. Sumpter – Section 6108 (Open Carry in Philadelphia) declared unconstitutional under the Equal Protection clause of the 14th Amendment. The right to keep and bear arms outside of the home is a fundamental right per Bruen.

Commonwealth v. Foster – Telling a suspect they are not a suspect, even though he/she is a suspect, does not render subsequent statement involuntary. Misrepresentation by police does not per se render statement involuntary.

Commonwealth v. McIntyre – Section 6105's prohibition of persons convicted of violent felonies from possessing firearms is not unconstitutional per Bruen.

Federal Important Cases

Kousisis et al. v. United States – A defendant may be convicted of federal wire fraud even though they did not intend to cause economic harm to a victim.

Barnes v. Felix (Civil Rights) – The "moment-of-threat" rule improperly narrows the 4th Amendment. Reasonableness of police force must be based on totality of circumstances, not the specific moment of force.

Glossip v. Oklahoma – Prosecutor has a constitutional obligation to correct false testimony under Napue v. Illinois.

Trump v. United States (Presidential Immunity) – President is entitled to absolute immunity from criminal prosecution for actions within his constitutional authority. There is no immunity for unofficial acts.