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...
You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.
Firm News
DISCHARGING FIREARM INTO NEIGHBOR’S HOME WAS NOT RECKLESS
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...
YOU HAVE NO REASONABLE EXPECTATION OF PRIVACY IN YOUR UNPROTECTED INTERNET SEARCHES
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...
OPEN CARRY STATUTE IN PHILA DECLARED UNCONSTITUTIONAL
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...
IF OFFICER SAFETY IS BASIS FOR A PAT DOWN, OFFICER’S ACTIONS SHOULD FURTHER THAT GOAL
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...
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,...


