constitutionality rule in Pennsylvania

1997This court has not yet addressed the constitutionality of this rule, although the existence of the rule was noted in our decision in Commonwealth v. Shiflet, 543 Pa. 164 , 670 A.2d 128 (1995). .

1997This court has not yet addressed the constitutionality of this rule, although the existence of the rule was noted in our decision in Commonwealth v. Shiflet, 543 Pa. 164 , 670 A.2d 128 (1995). .

1989Craig, 512 Pa. at 65 , 515 A.2d at 1353 . [2] I make no comment on the constitutionality of such a rule under the separation of powers clause of our state constitution, as that issue was not raised before us. [3] This is said for the sake of argument.

1989Craig, 512 Pa. at 65 , 515 A.2d at 1353 . [2] I make no comment on the constitutionality of such a rule under the separation of powers clause of our state constitution, as that issue was not raised before us. [3] This is said for the sake of argument.

2015This Court has ruled that a Terry frisk of an arrestee’s companion is permissible and, recently, addressed the constitutionality of the automatic companion rule. … … [I]n Commonwealth v. Graham, 454 Pa. Super. 169 , 685 A.2d 132 (Pa. Super. 1996), rev'd on other grounds, 554 Pa. 472 , 721 A.2d 1075 (1998)[, this Court] rejected a per se rule that a companion of an arrestee is subject to a “pat-down” regardless of the justification for such search as contrary to the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.

2015This Court has ruled that a Terry frisk of an arrestee’s companion is permissible and, recently, addressed the constitutionality of the automatic companion rule. … … [I]n Commonwealth v. Graham, 454 Pa. Super. 169 , 685 A.2d 132 (Pa. Super. 1996), rev'd on other grounds, 554 Pa. 472 , 721 A.2d 1075 (1998)[, this Court] rejected a per se rule that a companion of an arrestee is subject to a “pat-down” regardless of the justification for such search as contrary to the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.

2015This Court has ruled that a Terry frisk of an arrestee’s companion is permissible and, recently, addressed the constitutionality of the automatic companion rule. … … [I]n Commonwealth v. Graham, 454 Pa. Super. 169 , 685 A.2d 132 (Pa. Super. 1996), rev'd on other grounds, 554 Pa. 472 , 721 A.2d 1075 (1998)[, this Court] rejected a per se rule that a companion of an arrestee is subject to a “pat-down” regardless of the justification for such search as contrary to the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.

2015This Court has ruled that a Terry frisk of an arrestee’s companion is permissible and, recently, addressed the constitutionality of the automatic companion rule. … … [I]n Commonwealth v. Graham, 454 Pa. Super. 169 , 685 A.2d 132 (Pa. Super. 1996), rev'd on other grounds, 554 Pa. 472 , 721 A.2d 1075 (1998)[, this Court] rejected a per se rule that a companion of an arrestee is subject to a “pat-down” regardless of the justification for such search as contrary to the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.

2006Co., 722 A.2d 217 , 227 n.12 (Pa. Super. 1998).

2004See McCormick on Evidence vol. 2 § 345 (4th ed.1992); cf. DiFrancesco (quoting Tot v. United States, 319 U.S. 463, 468 , 63 S.Ct. 1241 , 87 L.Ed. 1519 (1943), for the proposition that a statutory presumption violates the requirements of due process "where the inference is so strained as not to have a reasonable relation to the circumstances of life as we know them ....”).

2004See McCormick on Evidence vol. 2 § 345 (4th ed.1992); cf. DiFrancesco (quoting Tot v. United States, 319 U.S. 463, 468 , 63 S.Ct. 1241 , 87 L.Ed. 1519 (1943), for the proposition that a statutory presumption violates the requirements of due process "where the inference is so strained as not to have a reasonable relation to the circumstances of life as we know them ....”).

2001Id.

2000Id. at 158 , 99 S.Ct. 2213 .

2000Id. at 158 , 99 S.Ct. 2213 .

1998See Commonwealth v. Hartz, 367 Pa.Super. 267 , 532 A.2d 1139 (1987) (finding no standing to challenge constitutionality of deadly weapons enhancement of sentencing guideline because same sentence would have been imposed regardless of the sentencing enhancement), allocatur denied, 519 Pa. 652 , 546 A.2d 57 (1988); Commonwealth v. Basemore, 525 Pa. 512 , 582 A.2d 861 (1990) (finding no standing to challenge vagueness of standard for weighing aggravating and mitigating circumstances because there were no mitigating circumstances to weigh), cert. denied, 502 U.S. 1102 , 112 S.Ct. 1191 , 117 L.Ed.2

1998See Commonwealth v. Hartz, 367 Pa.Super. 267 , 532 A.2d 1139 (1987) (finding no standing to challenge constitutionality of deadly weapons enhancement of sentencing guideline because same sentence would have been imposed regardless of the sentencing enhancement), allocatur denied, 519 Pa. 652 , 546 A.2d 57 (1988); Commonwealth v. Basemore, 525 Pa. 512 , 582 A.2d 861 (1990) (finding no standing to challenge vagueness of standard for weighing aggravating and mitigating circumstances because there were no mitigating circumstances to weigh), cert. denied, 502 U.S. 1102 , 112 S.Ct. 1191 , 117 L.Ed.2

1998See Commonwealth v. Hartz, 367 Pa.Super. 267 , 532 A.2d 1139 (1987) (finding no standing to challenge constitutionality of deadly weapons enhancement of sentencing guideline because same sentence would have been imposed regardless of the sentencing enhancement), allocatur denied, 519 Pa. 652 , 546 A.2d 57 (1988); Commonwealth v. Basemore, 525 Pa. 512 , 582 A.2d 861 (1990) (finding no standing to challenge vagueness of standard for weighing aggravating and mitigating circumstances because there were no mitigating circumstances to weigh), cert. denied, 502 U.S. 1102 , 112 S.Ct. 1191 , 117 L.Ed.2

1998See Commonwealth v. Hartz, 367 Pa.Super. 267 , 532 A.2d 1139 (1987) (finding no standing to challenge constitutionality of deadly weapons enhancement of sentencing guideline because same sentence would have been imposed regardless of the sentencing enhancement), allocatur denied, 519 Pa. 652 , 546 A.2d 57 (1988); Commonwealth v. Basemore, 525 Pa. 512 , 582 A.2d 861 (1990) (finding no standing to challenge vagueness of standard for weighing aggravating and mitigating circumstances because there were no mitigating circumstances to weigh), cert. denied, 502 U.S. 1102 , 112 S.Ct. 1191 , 117 L.Ed.2

1998See Commonwealth v. Hartz, 367 Pa.Super. 267 , 532 A.2d 1139 (1987) (finding no standing to challenge constitutionality of deadly weapons enhancement of sentencing guideline because same sentence would have been imposed regardless of the sentencing enhancement), allocatur denied, 519 Pa. 652 , 546 A.2d 57 (1988); Commonwealth v. Basemore, 525 Pa. 512 , 582 A.2d 861 (1990) (finding no standing to challenge vagueness of standard for weighing aggravating and mitigating circumstances because there were no mitigating circumstances to weigh), cert. denied, 502 U.S. 1102 , 112 S.Ct. 1191 , 117 L.Ed.2

1998See Commonwealth v. Hartz, 367 Pa.Super. 267 , 532 A.2d 1139 (1987) (finding no standing to challenge constitutionality of deadly weapons enhancement of sentencing guideline because same sentence would have been imposed regardless of the sentencing enhancement), allocatur denied, 519 Pa. 652 , 546 A.2d 57 (1988); Commonwealth v. Basemore, 525 Pa. 512 , 582 A.2d 861 (1990) (finding no standing to challenge vagueness of standard for weighing aggravating and mitigating circumstances because there were no mitigating circumstances to weigh), cert. denied, 502 U.S. 1102 , 112 S.Ct. 1191 , 117 L.Ed.2

1987Morgan v. Monessen Southwestern Railway Company, 513 Pa. 86 , 518 A. 2d 1171 (1986).

1987Morgan v. Monessen Southwestern Railway Company, 513 Pa. 86 , 518 A. 2d 1171 (1986).

1987The Superior Court stated, “Our review of the record discloses that this issue was preserved by Allied at the time of trial and in post-trial motions.” In Hall v. Brown, 363 Pa. Super. 415 , 526 A.2d 413 (1987) the court (Cavanaugh, McEwen and Montemuro, JJ.) per Judge Cavanaugh stated in a footnote: “In order for the case at bar (which was decided prior to Craig) to receive the post-trial delay damages hearing mandated by Craig , appellant would have had to raise the issue of the constitutionality of rule 238 in the court below.

1987The Superior Court stated, “Our review of the record discloses that this issue was preserved by Allied at the time of trial and in post-trial motions.” In Hall v. Brown, 363 Pa. Super. 415 , 526 A.2d 413 (1987) the court (Cavanaugh, McEwen and Montemuro, JJ.) per Judge Cavanaugh stated in a footnote: “In order for the case at bar (which was decided prior to Craig) to receive the post-trial delay damages hearing mandated by Craig , appellant would have had to raise the issue of the constitutionality of rule 238 in the court below.

1983The constitutionality of the rule was upheld by the Supreme Court in the case of Loudenberger v. Port Authority of Allegheny Co. 496 Pa. 52 , 436 A.2d 147 , App. dismissed (U.S.) 72 L.ed. 2d 462, 102 S. Ct. 2002 , the court stating at p. 238: “Rule 238 awards damages for delay only in cases where the defendant made no settlement offer prior to trial or where the defendant made an offer of settlement which was 25% less than the amount of the jury verdict.

1983Bucheit v. Laudenberger, 456 U.S. 940 (1982).

1982Hess v. Upper Oxford Township, 17 Pa. Commonwealth Ct. 399 , 332 A.2d 836 (1975).

1982Hess v. Upper Oxford Township, 17 Pa. Commonwealth Ct. 399 , 332 A.2d 836 (1975).

1981In view of the constitutional provision, a statutory enactment, to be valid, must afford absolute immunity against future prosecution for the offense to which the question relates.” Counselman v. Hitchcock, 142 U.S. 547, 585-86 , 12 S.Ct. 195, 206 , 35 L.Ed. 1110 (1892).

1981In view of the constitutional provision, a statutory enactment, to be valid, must afford absolute immunity against future prosecution for the offense to which the question relates.” Counselman v. Hitchcock, 142 U.S. 547, 585-86 , 12 S.Ct. 195, 206 , 35 L.Ed. 1110 (1892).