State College Criminal Law Blog

A college campus is like a microcosm of society. Just about anything that goes on off campus also happens on campus. And Penn State is no exception. For better or worse, this observation also applies to the kinds of crime one will find on campus. Allegations of some types of criminal activities, like those related to drugs, underage drinking and sexual assault, are even more prevalent on college or university campuses than in the rest of Pennsylvania.

In a recent case, for example, a Penn State student is facing drug charges for allegedly selling cocaine out of his room at the fraternity to which he belongs. State College police used another student to make controlled buys on three different occasions. All of the purchases allegedly involved the same student and took place in the same room at the same fraternity house.

The Constitution of the Commonwealth of Pennsylvania, as well as the Fourth Amendment of the United States Constitution, protect citizens against unlawful searches and seizures, including arrests. When it comes to criminal defense, Fourth Amendment protections are foundational. In order to overcome these protections, a law enforcement officer, according to the language of the Amendment itself, must have "probable cause" before searching or seizing a person, their home or their property.

Even a search or an arrest warrant is not immune from the probable cause requirement. On the contrary, in order to obtain a warrant to search a person or premises, or to arrest someone, a law enforcement officer must submit a sworn affidavit that enough probable cause exists to overcome a person's Fourth Amendment rights. A judge will examine the affidavit and weigh the evidence, and if sufficient probable cause exists, sign the warrant.

Sometimes a marriage just stops working for one reason or another, and whether consciously or not, spouses start living their own lives without regard for the other spouse. Under Pennsylvania family law, this is known as living "separate and apart." And living separate and apart can ultimately be grounds for a divorce in the Keystone State.

Given the statutory definition of the phrase, "separate and apart" is a bit of misleading. When living separate and apart in a legal sense, spouses don't actually have to be separate from one another in the common meaning of the word. Nor do they have to be apart as that word is generally understood. In fact, two spouses can live separate and apart in the same house or apartment.

In this era of women and men coming forward with details of past sexual assaults and harassment, along with the prevalence of the #metoo hashtag in social media, it can be easy to automatically deem the accused guilty. But it is important to remember that, unless the accused has admitted to the conduct, it must be proven beyond a reasonable doubt in a court of law. A mere accusation - as the infamous Duke lacrosse and University of Virginia fraternity rape cases demonstrated - does not make the allegations true.

Those who have been targeted in a sexual assault or criminal sexual harassment investigation should seek the advice of a seasoned criminal defense attorney right away. An experienced lawyer can not only help to defend the legal aspects of the case, he can work to mitigate or deflect the negative media reports that can cause considerable damage to one's reputation even before the case goes to trial. In the long run, this can be as important as a not guilty verdict.