Law Offices of Marc Neff
Experienced and aggressive Philadelphia lawyer for defense of criminal charges.
Call 24/7 (215) 563-9800


Warning: Missing argument 2 for _x(), called in /mnt/stor09-wc1-ord1/766448/854415/www.philadelphiacriminaldefenselawyerblog.com/web/content/wp-content/themes/neff/archive.php on line 32 and defined in /mnt/stor09-wc1-ord1/766448/854415/www.philadelphiacriminaldefenselawyerblog.com/web/content/wp-includes/l10n.php on line 232
Monthly Archive: October 2012

October 16, 2012

Unprovoked Flight, Without More, Cannot Elevate Reasonable Suspicion to Detain and Investigate into the Probable Cause Required for an Arrest

In United States v. Navedo, No. 11-3413 (3d Cir. Sept. 12, 2012), Defendant appealed the United States District Court for the District of New Jersey's denial of a motion to suppress weapons that police discovered in his home after a warrantless arrest. He argued that he was detained without reasonable suspicion or probable cause to arrest and that the weapons that were subsequently recovered from his apartment should therefore have been suppressed. While performing surveillance, two undercover police officers observed...

Continue reading "Unprovoked Flight, Without More, Cannot Elevate Reasonable Suspicion to Detain and Investigate into the Probable Cause Required for an Arrest" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Misdemeanor / Felony Crimes

October 11, 2012

Second Circuit Holds that Certain Acts Involving Children are not Relevant Conduct for Sentencing Purposes

In U.S. v. Wernick, No. 10-2974 (2d Cir. August 8, 2012), Defendant was convicted by jury in the United States District Court for the Eastern District of New York on five counts of receiving and distributing child pornography, reproducing child pornography for distribution by computer, possessing materials containing images of child pornography, and persuading, inducing, and enticing minors to engage in sexual activity. From chat records on Wernick’s computer, the Government introduced evidence showing that on several...

Continue reading "Second Circuit Holds that Certain Acts Involving Children are not Relevant Conduct for Sentencing Purposes" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Internet Crime

October 8, 2012

Third Circuit Holds that Trial Judge Should Have Reviewed Video Evidence in Child Pornography Case Before Allowing Submission of the Tapes to the Jury

In U.S. v. David L. Cunningham, No. 10-4021 (3d Cir. Sept. 18, 2012), Defendant Cunningham was charged with receiving, possessing, and distributing child pornography. After a jury trial, Cunningham was sentenced to 210 months in prison and 20 years of supervised release for the receipt and distribution of child pornography. Before the jury trial, Cunningham attempted to prevent certain, graphic video evidence from being shown to the jury on multiple occasions, but the district court denied each of his requests. At trial, the...

Continue reading "Third Circuit Holds that Trial Judge Should Have Reviewed Video Evidence in Child Pornography Case Before Allowing Submission of the Tapes to the Jury" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Internet Crime