Tillery and a passenger were stopped by police because Tillery “pulled [his] car into the parking spot right in front of Cousin’s Supermarket without using a turn signal.” During the traffic stop, Tillery was asked to get out of the car. He ultimately complied and the...
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Firm News
PA Drug Delivery Resulting in Death statute requires the drug delivery be made in PA
The PA Supreme Court recently reversed the PA Superior Court’s decision regarding the sufficiency of evidence required to prove the offense of Drug Delivery Resulting in Death (“DDRD”). Specifically, the Supreme Court held that the Commonwealth failed to prove that...
PA SUPREME COURT RESTRICTS POLICE AUTHORITY TO SEARCH VEHICLES
Today, the PA Supreme Court held that in order to conduct a warrantless search of an automobile in PA, police need both probable cause and exigent circumstances, expressly overruling the Court’s prior decision in Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014) which...
POLICE OFFICER MAY BE A LAY WITNESS and an EXPERT WITNESS IN THE SAME CASE, BUT THEY CANNOT TELL THE JURY WHO OR WHAT TO BELIEVE
A PROPERLY QUALIFIED POLICE OFFICER MAY TESTIFY TO FACTS OF A SEXUAL ASSAULT AS WELL AS A TYPICAL VICTIM’S BEHAVIORS AND RESPONSES TO SEXUAL ABUSE; HOWEVER, THE OFFICER MAY NOT OFFER AN OPINION ON THE CREDIBILITY OF ANOTHER WITNESS (That's the jury's job 😉 ) Jones...
WANT TO SEARCH A PHONE SEIZED INCIDENT TO ARREST? YOU’LL NEED A WARRANT (and you need to make sure the warrant is supported by probable cause).
The PA Supreme Court “recently explained that, where law enforcement seeks to search a cell phone seized incident to arrest, the applicable rule is “exceedingly simple: . . . get a warrant.” This week, the Court published Commonwealth v. Johnson, No. 25 WAP 2019 (Pa....
LANCASTER COUNTY JUDICIAL EMERGENCY EXTENDED TO DECEMBER 31, 2020
On October 19, 2020, the Lancaster County Court of Common Pleas extended the Judicial Emergency in that jurisdiction to December 31, 2020, or until further Notice from the Court. Criminal jury trials will continue to be held, provided they can be conducted safely....
WELL, IT DOESN’T TAKE AN EXPERT …
IT DOESN'T TAKE AN EXPERT TO SHOW THAT AN OPERATOR'S REFUSAL TO SUBMIT TO A CHEMICAL TEST WAS NOT A KNOWING & CONSCIOUS REFUSAL (if the operator has suffered injuries that were severe, incapacitating & obvious) In an unreported memorandum opinion from the Hon....
MICHAEL T. WINTERS APPOINTED TO PA COMMISSION ON CRIME & DELINQUENCY TRAINING SUBCOMMITTEE FOR COUNTY ADULT PROBATION & PAROLE
Attorney Michael T. Winters was recently appointed to serve on the PA Commission on Crime & Delinquency's Training Subcommittee for County Adult Probation & Parole in the Commonwealth. Nominated by the PA Association of Criminal Defense Lawyers, where he...