For the Defense - Volume 3, Issue 1 - 2018 - 55

however, re-entered the house, without
a warrant, purportedly to complete an
incident report. After re-entering the house,
one of the troopers walked to a bedroom
and knocked on a closed door. He was let
in and several women were present. When
he asked who lived there, only Wilmer
indicated that she did. Wilmer provided him
information for the report, during which
the trooper observed a marijuana pipe and
a bong. Wilmer was arrested. There was no
evidence that, after the arrest the trooper
continued to look for residents for the
purpose of preparing an incident report,
and no incident report was introduced into
evidence at the suppression hearing.
Allocatur grant: "Whether law
enforcement may reenter a residence after
the exigency that permitted the initial entry
has dissipated?"
Status: Pending.
Amicus Authors: Leonard Sosnov, Karl
Baker and Keir Bradford-Grey of the
Defender Association of Philadelphia

perform any search until the K-9 arrived.
When the K-9 arrived, the packages were
removed from the car and the dog gave an
indication that narcotics were present. At
no time did Valdivia revoke his consent or
object to the search. Valdivia subsequently
challenged the scope of the consent that
was provided.	
Allocatur grant: "Whether, in a case of
first impression, the Superior Court erred
in holding that a reasonable person would
have understood that their consent to
a roadside search of their vehicle would
encompass a canine sniff of all of the
packages contained inside the vehicle, and
that said consent was knowing, intelligent,
and voluntary where the police officers
withheld pertinent information about
the forthcoming search from Petitioner,
including that the canine search would not
start any sooner than an hour from when
Petitioner's consent was given?"
Status: Pending.
Amicus Authors: Aaron Marcus and Keir
Bradford-Grey, of the Defender Association
of Philadelphia
PANTONE

2955C

7406C

CMYK

90/78/39/30

Commw. v. Valdivia: Amicus Filed: May 15,
2017 (Defender Association of Philadelphia
and PACDL Joint Amicus)
Nature of case: Valdivia was pulled over
for a traffic offense. During the stop,
officers formed the belief that Valdivia
may be transporting contraband. The cops
asked for consent to search the car, and
Valdivia purportedly gave consent. Valdivia
was then given two options-he could
wait in his car, or wait in the back of the
police car; Valdivia chose to wait in his car.
Forty minutes later, another officer arrived
with a K-9. The officer who sought the
initial consent to search could not recall if
he advised that a K-9 would be involved.
Although the officers were interested in
certain packages, they did not attempt to

9/22/91/0

RGB

About the Author
22/58/92

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

Barbara Zemlock
is a Past President
of the Pennsylvania
Association of Criminal
Defense Lawyers
and serves as cochairperson of its
Amicus Committee.
She is a partner in the
law firm of Perry Shore
Weisenberger & Zemlock in Harrisburg and
a former chief deputy public defender in
Dauphin County.

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Vol. 3, Issue 1

l

For The Defense

55



Table of Contents for the Digital Edition of For the Defense - Volume 3, Issue 1 - 2018

Contents
For the Defense - Volume 3, Issue 1 - 2018 - 1
For the Defense - Volume 3, Issue 1 - 2018 - 2
For the Defense - Volume 3, Issue 1 - 2018 - Contents
For the Defense - Volume 3, Issue 1 - 2018 - 4
For the Defense - Volume 3, Issue 1 - 2018 - 5
For the Defense - Volume 3, Issue 1 - 2018 - 6
For the Defense - Volume 3, Issue 1 - 2018 - 7
For the Defense - Volume 3, Issue 1 - 2018 - 8
For the Defense - Volume 3, Issue 1 - 2018 - 9
For the Defense - Volume 3, Issue 1 - 2018 - 10
For the Defense - Volume 3, Issue 1 - 2018 - 11
For the Defense - Volume 3, Issue 1 - 2018 - 12
For the Defense - Volume 3, Issue 1 - 2018 - 13
For the Defense - Volume 3, Issue 1 - 2018 - 14
For the Defense - Volume 3, Issue 1 - 2018 - 15
For the Defense - Volume 3, Issue 1 - 2018 - 16
For the Defense - Volume 3, Issue 1 - 2018 - 17
For the Defense - Volume 3, Issue 1 - 2018 - 18
For the Defense - Volume 3, Issue 1 - 2018 - 19
For the Defense - Volume 3, Issue 1 - 2018 - 20
For the Defense - Volume 3, Issue 1 - 2018 - 21
For the Defense - Volume 3, Issue 1 - 2018 - 22
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For the Defense - Volume 3, Issue 1 - 2018 - 24
For the Defense - Volume 3, Issue 1 - 2018 - 25
For the Defense - Volume 3, Issue 1 - 2018 - 26
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For the Defense - Volume 3, Issue 1 - 2018 - 28
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For the Defense - Volume 3, Issue 1 - 2018 - 30
For the Defense - Volume 3, Issue 1 - 2018 - 31
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For the Defense - Volume 3, Issue 1 - 2018 - 56
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