Criminal Law: A Matter of First Impression

Posted By Cliff Tuttle | September 13, 2008

Posted by Cliff Tuttle

Once again, the Wall Street Journal Law Blog featured a case in the United States District Court for the Western District of Pennsylvania. District Judge Terrance McVerry held that cell phone records sought by police for the purpose of establishing the whereabouts of a suspect require a warrant. Here is the WSJLB story.

Judge McVerry, as many Pittsburghers undoubtedly remember, was, during the late 60’s and early seventies, himself a prosecutor and thus no stranger to the point of view of law enforcement agencies. He then served the South Hills area for many years in the Pennsylvania House of Representatives, held a seat on the Allegheny County Court of Common Pleas and was the Allegheny County Solicitor.

According to the Washington Post article embedded in the WSJ Post, this particular question has not been decided and the United States Attorney, Mary Beth Buchanan is considering an appeal to the Third Circuit.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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