custodial requirement (Pennsylvania) · Go Syfert
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custodial requirement in Pennsylvania

5 Pennsylvania opinions name it 3 courts 2002–2025 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Gair v. Pennsylvania Board of Probation & Parolegreen
pacommwct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See Gair, 948 A.2d at 889 ; Brown, 184 A.3d at 1025 . ______________________________ LORI A. DUMAS, Judge 8 The Board had confined its arguments to an erroneous interpretation of the custodial exception; it does not argue on appeal that the hearing was timely held within 120 days of receiving official verification of Petitioner’s conviction.

11
Estate of: I. Wilner Appeal of: Baker, L.green
pa · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Again, we turn to the Statutory Construction Act to determine the meaning of “in custody.” “Words and phrases shall be construed according to rules of grammar and according to their common and approved usage[.]” 1 Pa.C.S.A. § 1903; see Estate of Wilner, 142 A.3d 796, 802 (Pa. 2016) (citation omitted) (words and phrases in a statute are given their ordinary meaning).

11
United States v. Caceresgreen
scotus · 1979 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002See generally United States v. Caceres, 440 U.S. 741, 749-50 , 99 S.Ct. 1465, 1470 , 59 L.Ed.2d 733 (1979) (declining to suppress evidence based upon a violation of an Internal Revenue Service regulation involving one-party consent surveillance). 13 In the absence of statutory language warranting a contrary result, we decline to read a specific requirement for transfer of recorded evidence into Section 5704(2)(ii), particularly when such omission apparently results from deliberate legislative decision.

2002See generally United States v. Caceres, 440 U.S. 741, 749-50 , 99 S.Ct. 1465, 1470 , 59 L.Ed.2d 733 (1979) (declining to suppress evidence based upon a violation of an Internal Revenue Service regulation involving one-party consent surveillance). 13 In the absence of statutory language warranting a contrary result, we decline to read a specific requirement for transfer of recorded evidence into Section 5704(2)(ii), particularly when such omission apparently results from deliberate legislative decision.

11
Commonwealth v. Donahuegreen
pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002The plain language of Section 5721.1(e) limits the availability of remedies to those grounds specifically enumerated, see generally Commonwealth v. Donahue, 428 Pa.Super. 259, 278-79 , 630 A.2d 1238, 1248-49 (1993), among which neither the custodial requirement nor the policy of the district attorney’s office respecting the timing of the transfer of recorded evidence is included. 12 Moreover, while judicial enforcement of a regulation or policy governing the conduct of a criminal investigation may be appropriate where compliance is mandated either by a statute or as a matter of constitutional

2002The plain language of Section 5721.1(e) limits the availability of remedies to those grounds specifically enumerated, see generally Commonwealth v. Donahue, 428 Pa.Super. 259, 278-79 , 630 A.2d 1238, 1248-49 (1993), among which neither the custodial requirement nor the policy of the district attorney’s office respecting the timing of the transfer of recorded evidence is included. 12 Moreover, while judicial enforcement of a regulation or policy governing the conduct of a criminal investigation may be appropriate where compliance is mandated either by a statute or as a matter of constitutional

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Trigg, M. v. Children's Hospital of Pgh., Aplt. green
pa · 2020
1 sentence

2025We address Father’s first three issues together, beginning with the question of whether he properly preserved his challenges to the court’s consideration of the Biopharma Institute Pamphlet. 3 “The issue of waiver presents a question of law, and, as such, our standard of review is de novo and our scope of review is plenary.” Trigg v. Children’s Hospital of Pittsburgh of UPMC, 229 A.3d 260 , 269 (Pa. 2020) (citation omitted).

12025–2025
Brown v. Pa. Bd. of Prob. & Parole green
pacommwct · 2017
1 sentence

2024See Gair, 948 A.2d at 889 ; Brown, 184 A.3d at 1025 . ______________________________ LORI A. DUMAS, Judge 8 The Board had confined its arguments to an erroneous interpretation of the custodial exception; it does not argue on appeal that the hearing was timely held within 120 days of receiving official verification of Petitioner’s conviction.

12024–2024
Knoll v. Butler green
pa · 1997
1 sentence

2013Id.

12013–2013

Where else courts name it

IA 10 (1975–2025) AL 8 (2003–2007) PA 5 (2002–2025) NJ 3 (1995–2000) MI 3 (1977–2014) WA 3 (1978–2018) MN 3 (1985–2012) OR 3 (2006–2026) IL 3 (2008–2008) GA 2 (1980–1981) TN 2 (2019–2019) KY 2 (2017–2021) TX 2 (2018–2018) DC 2 (1990–2024) NY 2 (1981–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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