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The Pa. Superior Court recently ruled that the trial court erred in granting a defendant’s motion to suppress evidence based on an unlawful detention and search after the defendant was observed walking down the street with a gun in his underwear. Two Philadelphia...
The Pa. Superior Court recently decided the case of Commonwealth v. Murray which began when Murray’s neighbor called police to report a shooting incident. After an investigation, it was learned that a firearm was discharged from Murray’s bedroom into the reporting...
The PA Supreme Court has announced that “when the average internet user opens an unencrypted internet browser and performs a search on a website such as Google, he or she voluntarily enables the creation and collection of data, and, in such circumstances, has no...
The PA Superior Court has held that 18 § 6108 is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Section 6108 provides: No person shall carry a firearm, rifle or shotgun at any time upon the public...
The PA Superior Court has ruled that although probation officers had the authority to stop and frisk a third party in the residence of a supervisee, they lacked reasonable suspicion to suspect that criminal activity was afoot and the officer safety concern that was...
Attorney Michael T. Winters was recently named a Super Lawyer by a peer influenced and research driven selection process, which selects the top 5% of attorneys to the Super Lawyers list each year. Super Lawyers is a rating service of outstanding lawyers who...
The rules that apply during the criminal prosecution process depend on the allegations against the defendant. Their prior criminal record is also an important consideration. State law authorizes more lenient penalties for first-time offenders. State statutes allow for...
The PA Superior Court recently put a finer point on the exigent circumstances required for police to conduct a warrantless search of a vehicle after a vehicle stop. COMMONWEALTH v. CAMACHO, No. 62 EDA 2024 (Pa Super. 09/10/2024). In a previous decision, the PA...
Driving under the influence (DUI) offenses are relatively common. Local authorities around Pennsylvania arrest people frequently for intoxication at the wheel. How much focus local police departments put on screening for and arresting impaired drivers often depends on...
John Williams was charged with burglary and several related crimes. At the Preliminary Hearing of the matter, the Commonwealth presented the testimony of Donald Nugent, the son of the owners of the home that had been allegedly burglarized by Williams. As Nugent was...
