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...
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Firm News
MICHAEL T. WINTERS SELECTED TO SUPER LAWYER RATING LIST
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...
TROOPER VIOLATED CONSTITUTIONAL PROTECTIONS BY CONDUCTING A WARRANTLESS VEHICLE SEARCH
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...
What if the cops find someone else’s drugs in your car?
Picture this: you're driving along, minding your own business, when suddenly the cops pull you over and find drugs in your car. The catch? They're not yours. Sounds like a nightmare, right? In Pennsylvania, this scenario is not just a bad dream - it's a real legal...
DEFENDANT SHOOTS HIMSELF IN THE FOOT WITH HIS FINGER GUN
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...
It’s time to plan ahead for St. Patrick’s Day
As most American adults are aware, St. Patrick's Day, celebrated on March 17th, is a festive occasion that honors the patron saint of Ireland. Over time, this day has evolved into a global celebration of Irish heritage, marked by parades, wearing green and, for many,...
Is it illegal to drive after drinking alcohol in Pennsylvania?
Drinking alcohol is not a crime if you are of legal age, which is why adults can buy alcoholic beverages in restaurants, bars and other public establishments. In Pennsylvania, no exact law prohibits you from getting behind the wheel after having a drink. The critical...
MICHAEL WINTERS APPOINTED TO SERVE AS A JUVENILE HEARING OFFICER
Michael Winters was recently appointed by President Judge David L. Ashworth to serve as a Juvenile Court Hearing Officer in Lancaster County. Juvenile Court Hearing Officers have the authority to preside over detention hearings, detention review hearings, and...
Was that wrong? Should I have not done that? I tell you I gotta plead ignorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frowned upon ….
The PA Superior Court has held that when a female exposes her breasts to inmates at a county jail from the street below their cell windows, her public, sexually explicit misconduct violates the open-lewdness statute. Elisabell Berrios received a call from her...
GPS DATA IS NOT HEARSAY
The PA Supreme Court has held that GPS data, compiled from a GPS monitoring device on a parolee, is not hearsay because it does not constitute a statement made by a declarant, as outlined in Rule 801, as it is not an assertion (or the nonverbal conduct) of a person....