administration of a blood test (Pennsylvania) · Go Syfert
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administration of a blood test in Pennsylvania

27 Pennsylvania opinions name it 4 courts 1974–2020 0 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 (17)

CaseFollowedCited
Commonwealth v. Kohlgreen
pa · 1992 · cited in 8 Pennsylvania opinions naming this issue, 2006–2019
2 sentences

2019“The administration of a blood test, performed by an agent of, or at the direction of the government, constitutes a search under both the United States and Pennsylvania Constitutions.” Commonwealth v. Evans, 153 A.3d 323 , 327-328 (Pa. 2016) (quoting Commonwealth v. Kohl, 615 A.2d 308, 315 (Pa. 1992)).

2019“The administration of a blood test, performed by an agent of, or at the direction of the government, constitutes a search under both the United States and Pennsylvania Constitutions.” Evans, 153 A.3d at 327-328 , quoting Commonwealth v. Kohl, 615 A.2d 308, 315 (Pa. 1992).

88
Commonwealth v. Stricklergreen
pa · 2000 · cited in 5 Pennsylvania opinions naming this issue, 2017–2019
2 sentences

2018Birchfield, 136 S.Ct. at 2173 [; s]ee also Commonwealth v. Ellis, 415 Pa. Super. 220 , 608 A.2d 1090, 1091 (Pa. Super. 1992) (providing that “the administration of a blood test is a search within the meaning of the Fourth Amendment if it is performed by an agent of the government”). -6- J-S75041-17 “A search conducted without a warrant is deemed to be unreasonable and therefore constitutionally impermissible, unless an established exception applies.” Commonwealth v. Strickler, 563 Pa. 47, 56 , 757 A.2d 884, 888 (2000) (citations omitted).

2018Birchfield, 136 S.Ct. at 2173 [; s]ee also Commonwealth v. Ellis, 415 Pa. Super. 220 , 608 A.2d 1090, 1091 (Pa. Super. 1992) (providing that “the administration of a blood test is a search within the meaning of the Fourth Amendment if it is performed by an agent of the government”). -6- J-S75041-17 “A search conducted without a warrant is deemed to be unreasonable and therefore constitutionally impermissible, unless an established exception applies.” Commonwealth v. Strickler, 563 Pa. 47, 56 , 757 A.2d 884, 888 (2000) (citations omitted).

55
Commonwealth v. Ellisgreen
pasuperct · 1992 · cited in 3 Pennsylvania opinions naming this issue, 2017–2018
2 sentences

2018Birchfield, 136 S.Ct. at 2173 [; s]ee also Commonwealth v. Ellis, 415 Pa. Super. 220 , 608 A.2d 1090, 1091 (Pa. Super. 1992) (providing that “the administration of a blood test is a search within the meaning of the Fourth Amendment if it is performed by an agent of the government”). -6- J-S75041-17 “A search conducted without a warrant is deemed to be unreasonable and therefore constitutionally impermissible, unless an established exception applies.” Commonwealth v. Strickler, 563 Pa. 47, 56 , 757 A.2d 884, 888 (2000) (citations omitted).

2018Birchfield, 136 S.Ct. at 2173 [; s]ee also Commonwealth v. Ellis, 415 Pa. Super. 220 , 608 A.2d 1090, 1091 (Pa. Super. 1992) (providing that “the administration of a blood test is a search within the meaning of the Fourth Amendment if it is performed by an agent of the government”). -6- J-S75041-17 “A search conducted without a warrant is deemed to be unreasonable and therefore constitutionally impermissible, unless an established exception applies.” Commonwealth v. Strickler, 563 Pa. 47, 56 , 757 A.2d 884, 888 (2000) (citations omitted).

33
Com., Dept. of Transp. v. McFarrengreen
pa · 1987 · cited in 3 Pennsylvania opinions naming this issue, 1988–1994
2 sentences

1994PennDOT v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987).

1994PennDOT v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987).

33
Commonwealth v. Evansgreen
pasuperct · 2016 · cited in 8 Pennsylvania opinions naming this issue, 2018–2020
2 sentences

2019“The administration of a blood test, performed by an agent of, or at the direction of the government, constitutes a search under both the United States and Pennsylvania Constitutions.” Commonwealth v. Evans, 153 A.3d 323 , 327-328 (Pa. 2016) (quoting Commonwealth v. Kohl, 615 A.2d 308, 315 (Pa. 1992)).

2019“The administration of a blood test, performed by an agent of, or at the direction of the government, constitutes a search under both the United States and Pennsylvania Constitutions.” Evans, 153 A.3d at 327-328 , quoting Commonwealth v. Kohl, 615 A.2d 308, 315 (Pa. 1992).

28
Birchfield v. N. Dakota. William Robert Bernardgreen
scotus · 2016 · cited in 2 Pennsylvania opinions naming this issue, 2016–2018
2 sentences

2018Birchfield, 136 S.Ct. at 2173 [; s]ee also Commonwealth v. Ellis, 415 Pa. Super. 220 , 608 A.2d 1090, 1091 (Pa. Super. 1992) (providing that “the administration of a blood test is a search within the meaning of the Fourth Amendment if it is performed by an agent of the government”). -6- J-S75041-17 “A search conducted without a warrant is deemed to be unreasonable and therefore constitutionally impermissible, unless an established exception applies.” Commonwealth v. Strickler, 563 Pa. 47, 56 , 757 A.2d 884, 888 (2000) (citations omitted).

2016Birchfield v. North Dakota, 2016 U.S. LEXIS 4058, *28 (U.S. June 23, 2016); Commonwealth v. Kohl, 615 A.2d 308, 312, 315 (Pa. 1992).

22
Commonwealth v. Gordongreen
pa · 1996 · cited in 2 Pennsylvania opinions naming this issue, 2006–2012
2 sentences

2012See generally Weeks v. United States, 232 U.S. 383, 398 , 34 S.Ct. 341, 346 , 58 L.Ed. 652 (1914) (implementing the exclusionary rule precluding the federal courts from admitting evidence procured in violation of an accused’s Fourth Amendment rights); Mapp v. Ohio, 367 U.S. 643, 655 , 81 S.Ct. 1684, 1691 , 6 L.Ed.2d 1081 (1961) (holding that, per the Fourteenth Amendment, "all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court”); Commonwealth v. Gordon, 546 Pa. 65, 71 , 683 A.2d 253, 256 (1996) (explaining that

2012See generally Weeks v. United States, 232 U.S. 383, 398 , 34 S.Ct. 341, 346 , 58 L.Ed. 652 (1914) (implementing the exclusionary rule precluding the federal courts from admitting evidence procured in violation of an accused’s Fourth Amendment rights); Mapp v. Ohio, 367 U.S. 643, 655 , 81 S.Ct. 1684, 1691 , 6 L.Ed.2d 1081 (1961) (holding that, per the Fourteenth Amendment, "all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court”); Commonwealth v. Gordon, 546 Pa. 65, 71 , 683 A.2d 253, 256 (1996) (explaining that

22
Commonwealth v. Murraygreen
pa · 1970 · cited in 2 Pennsylvania opinions naming this issue, 1975–1988
2 sentences

1975Schmerber v. California, 384 U.S. 757 (1966), and Commonwealth v. Murray, 441 Pa. 22 , 271 A.2d 500 (1970), make it clear that the administration of a blood test constitutes a search and seizure within the meaning of the Fourth Amendment.

1975Schmerber v. California, 384 U.S. 757 (1966), and Commonwealth v. Murray, 441 Pa. 22 , 271 A.2d 500 (1970), make it clear that the administration of a blood test constitutes a search and seizure within the meaning of the Fourth Amendment.

12
Commonwealth, Aplt. v. Myers, D.green
pa · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019In Missouri v. McNeely, 569 U.S. 141 (2013), “a plurality of the United States Supreme Court explained that, because a blood draw unquestionably is a search within the meaning of the Fourth Amendment, a warrant generally -7- is required, unless one of the exceptions to the warrant requirement applies.” Commonwealth v. Myers, 164 A.3d 1162, 1166 (Pa. 2017).

11
Weeks v. United Statesred
scotus · 1914 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
2 sentences

2012See generally Weeks v. United States, 232 U.S. 383, 398 , 34 S.Ct. 341, 346 , 58 L.Ed. 652 (1914) (implementing the exclusionary rule precluding the federal courts from admitting evidence procured in violation of an accused’s Fourth Amendment rights); Mapp v. Ohio, 367 U.S. 643, 655 , 81 S.Ct. 1684, 1691 , 6 L.Ed.2d 1081 (1961) (holding that, per the Fourteenth Amendment, "all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court”); Commonwealth v. Gordon, 546 Pa. 65, 71 , 683 A.2d 253, 256 (1996) (explaining that

2012See generally Weeks v. United States, 232 U.S. 383, 398 , 34 S.Ct. 341, 346 , 58 L.Ed. 652 (1914) (implementing the exclusionary rule precluding the federal courts from admitting evidence procured in violation of an accused’s Fourth Amendment rights); Mapp v. Ohio, 367 U.S. 643, 655 , 81 S.Ct. 1684, 1691 , 6 L.Ed.2d 1081 (1961) (holding that, per the Fourteenth Amendment, "all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court”); Commonwealth v. Gordon, 546 Pa. 65, 71 , 683 A.2d 253, 256 (1996) (explaining that

11
Pena v. Stategreen
alaska · 1984 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See, e.g., Pena v. State, 684 P.2d 864, 867 (Alas. 1984) (holding that under an implied consent statute essentially equivalent to Pennsylvania’s Implied Consent Law blood test results obtained against the wishes of the suspect should be suppressed from evidence); People v. Wade, 118 Misc.2d 330, 337 , 460 N.Y.S.2d 870, 875 (1983) (noting that if a suspect refuses to permit the administration of a blood test, any test results would be excluded from evidence in a subsequent proceeding); State v. Steele, 93 N.M. 470, 477 , 601 P.2d 440, 441 (Ct.App.1979) (holding that refusal of a suspect to subm

1991See, e.g., Pena v. State, 684 P.2d 864, 867 (Alas.1984) (holding that under an implied consent statute essentially equivalent to Pennsylvania's Implied Consent Law blood test results obtained against the wishes of the suspect should be suppressed from evidence); People v. Wade, 118 Misc.2d 330, 337 , 460 N.Y.S.2d 870, 875 (1983) (noting that if a suspect refuses to permit the administration of a blood test, any test results would be excluded from evidence in a subsequent proceeding); State v. Steele, 93 N.M. 470, 477 , 601 P.2d 440, 441 (Ct.App.1979) (holding that refusal of a suspect to submi

11
People v. Wadegreen
nycountyct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See, e.g., Pena v. State, 684 P.2d 864, 867 (Alas.1984) (holding that under an implied consent statute essentially equivalent to Pennsylvania's Implied Consent Law blood test results obtained against the wishes of the suspect should be suppressed from evidence); People v. Wade, 118 Misc.2d 330, 337 , 460 N.Y.S.2d 870, 875 (1983) (noting that if a suspect refuses to permit the administration of a blood test, any test results would be excluded from evidence in a subsequent proceeding); State v. Steele, 93 N.M. 470, 477 , 601 P.2d 440, 441 (Ct.App.1979) (holding that refusal of a suspect to submi

1991See, e.g., Pena v. State, 684 P.2d 864, 867 (Alas.1984) (holding that under an implied consent statute essentially equivalent to Pennsylvania's Implied Consent Law blood test results obtained against the wishes of the suspect should be suppressed from evidence); People v. Wade, 118 Misc.2d 330, 337 , 460 N.Y.S.2d 870, 875 (1983) (noting that if a suspect refuses to permit the administration of a blood test, any test results would be excluded from evidence in a subsequent proceeding); State v. Steele, 93 N.M. 470, 477 , 601 P.2d 440, 441 (Ct.App.1979) (holding that refusal of a suspect to submi

11
State v. Steelegreen
nmctapp · 1979 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See, e.g., Pena v. State, 684 P.2d 864, 867 (Alas.1984) (holding that under an implied consent statute essentially equivalent to Pennsylvania's Implied Consent Law blood test results obtained against the wishes of the suspect should be suppressed from evidence); People v. Wade, 118 Misc.2d 330, 337 , 460 N.Y.S.2d 870, 875 (1983) (noting that if a suspect refuses to permit the administration of a blood test, any test results would be excluded from evidence in a subsequent proceeding); State v. Steele, 93 N.M. 470, 477 , 601 P.2d 440, 441 (Ct.App.1979) (holding that refusal of a suspect to submi

1991See, e.g., Pena v. State, 684 P.2d 864, 867 (Alas.1984) (holding that under an implied consent statute essentially equivalent to Pennsylvania's Implied Consent Law blood test results obtained against the wishes of the suspect should be suppressed from evidence); People v. Wade, 118 Misc.2d 330, 337 , 460 N.Y.S.2d 870, 875 (1983) (noting that if a suspect refuses to permit the administration of a blood test, any test results would be excluded from evidence in a subsequent proceeding); State v. Steele, 93 N.M. 470, 477 , 601 P.2d 440, 441 (Ct.App.1979) (holding that refusal of a suspect to submi

11
Commonwealth v. Funkgreen
pasuperct · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988Commonwealth, Department of Transportation v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987); Commonwealth v. Murray, 441 Pa. 22, 25 , 271 A.2d 500, 501 (1970); Koleski v. Park, 363 Pa.Super. 22, 30 , 525 A.2d 405, 408 (1987); Commonwealth v. Cieri, 346 Pa.Super. 77, 82-85, 499 A.2d 317, 320-321 (1985); Commonwealth v. Funk, 254 Pa.Super. 233, 241 , 385 A.2d 995, 999 (1978).

1988Commonwealth, Department of Transportation v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987); Commonwealth v. Murray, 441 Pa. 22, 25 , 271 A.2d 500, 501 (1970); Koleski v. Park, 363 Pa.Super. 22, 30 , 525 A.2d 405, 408 (1987); Commonwealth v. Cieri, 346 Pa.Super. 77, 82-85, 499 A.2d 317, 320-321 (1985); Commonwealth v. Funk, 254 Pa.Super. 233, 241 , 385 A.2d 995, 999 (1978).

11
Commonwealth v. Cierigreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988Commonwealth, Department of Transportation v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987); Commonwealth v. Murray, 441 Pa. 22, 25 , 271 A.2d 500, 501 (1970); Koleski v. Park, 363 Pa.Super. 22, 30 , 525 A.2d 405, 408 (1987); Commonwealth v. Cieri, 346 Pa.Super. 77, 82-85, 499 A.2d 317, 320-321 (1985); Commonwealth v. Funk, 254 Pa.Super. 233, 241 , 385 A.2d 995, 999 (1978).

1988Commonwealth, Department of Transportation v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987); Commonwealth v. Murray, 441 Pa. 22, 25 , 271 A.2d 500, 501 (1970); Koleski v. Park, 363 Pa.Super. 22, 30 , 525 A.2d 405, 408 (1987); Commonwealth v. Cieri, 346 Pa.Super. 77, 82-85, 499 A.2d 317, 320-321 (1985); Commonwealth v. Funk, 254 Pa.Super. 233, 241 , 385 A.2d 995, 999 (1978).

11
Koleski v. Parkgreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988Commonwealth, Department of Transportation v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987); Commonwealth v. Murray, 441 Pa. 22, 25 , 271 A.2d 500, 501 (1970); Koleski v. Park, 363 Pa.Super. 22, 30 , 525 A.2d 405, 408 (1987); Commonwealth v. Cieri, 346 Pa.Super. 77, 82-85, 499 A.2d 317, 320-321 (1985); Commonwealth v. Funk, 254 Pa.Super. 233, 241 , 385 A.2d 995, 999 (1978).

1988Commonwealth, Department of Transportation v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987); Commonwealth v. Murray, 441 Pa. 22, 25 , 271 A.2d 500, 501 (1970); Koleski v. Park, 363 Pa.Super. 22, 30 , 525 A.2d 405, 408 (1987); Commonwealth v. Cieri, 346 Pa.Super. 77, 82-85, 499 A.2d 317, 320-321 (1985); Commonwealth v. Funk, 254 Pa.Super. 233, 241 , 385 A.2d 995, 999 (1978).

11
Commonwealth v. Leegreen
pasuperct · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979In Lee , “[t]he sole consideration [was] whether the inability to perform a breathalyzer test is a condition precedent to the administration of a blood test under 75 P.S. § 624.1 of the Old Vehicle Code.” 257 Pa.Super. at 327 , 390 A.2d at 846 (footnote omitted).

1979In Lee , “[t]he sole consideration [was] whether the inability to perform a breathalyzer test is a condition precedent to the administration of a blood test under 75 P.S. § 624.1 of the Old Vehicle Code.” 257 Pa.Super. at 327 , 390 A.2d at 846 (footnote omitted).

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 (8)

CaseCitedYears
Schmerber v. California green
scotus · 1966
2 sentences

1975Schmerber v. California, 384 U.S. 757 (1966), and Commonwealth v. Murray, 441 Pa. 22 , 271 A.2d 500 (1970), make it clear that the administration of a blood test constitutes a search and seizure within the meaning of the Fourth Amendment.

1975Schmerber v. California, 384 U.S. 757 (1966), and Commonwealth v. Murray, 441 Pa. 22 , 271 A.2d 500 (1970), make it clear that the administration of a blood test constitutes a search and seizure within the meaning of the Fourth Amendment.

21975–2010
Commonwealth v. Hipp green
pa · 1988
2 sentences

1993Commonwealth v. Hipp, 380 Pa.Super. 345 , 551 A.2d 1086 (1988).

1993Commonwealth v. Hipp, 380 Pa.Super. 345 , 551 A.2d 1086 (1988).

21992–1993
Missouri v. McNeely green
scotus · 2013
1 sentence

2019In Missouri v. McNeely, 569 U.S. 141 (2013), “a plurality of the United States Supreme Court explained that, because a blood draw unquestionably is a search within the meaning of the Fourth Amendment, a warrant generally -7- is required, unless one of the exceptions to the warrant requirement applies.” Commonwealth v. Myers, 164 A.3d 1162, 1166 (Pa. 2017).

12019–2019
Mapp v. Ohio green
scotus · 1961
2 sentences

2012See generally Weeks v. United States, 232 U.S. 383, 398 , 34 S.Ct. 341, 346 , 58 L.Ed. 652 (1914) (implementing the exclusionary rule precluding the federal courts from admitting evidence procured in violation of an accused’s Fourth Amendment rights); Mapp v. Ohio, 367 U.S. 643, 655 , 81 S.Ct. 1684, 1691 , 6 L.Ed.2d 1081 (1961) (holding that, per the Fourteenth Amendment, "all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court”); Commonwealth v. Gordon, 546 Pa. 65, 71 , 683 A.2d 253, 256 (1996) (explaining that

2012See generally Weeks v. United States, 232 U.S. 383, 398 , 34 S.Ct. 341, 346 , 58 L.Ed. 652 (1914) (implementing the exclusionary rule precluding the federal courts from admitting evidence procured in violation of an accused’s Fourth Amendment rights); Mapp v. Ohio, 367 U.S. 643, 655 , 81 S.Ct. 1684, 1691 , 6 L.Ed.2d 1081 (1961) (holding that, per the Fourteenth Amendment, "all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court”); Commonwealth v. Gordon, 546 Pa. 65, 71 , 683 A.2d 253, 256 (1996) (explaining that

12012–2012
Commonwealth v. Modaffare green
pa · 1992
2 sentences

1996At the outset, we note that it is evident that § 3731(a)(5) was enacted in response to this Court’s decisions in Commonwealth v. Jarman, 529 Pa. 92 , 601 A.2d 1229 (1992) and Commonwealth v. Modaffare, 529 Pa. 101 , 601 A.2d 1233 (1992), in which this Court found that there was insufficient evidence to sustain the defendants’ convictions for operating a motor vehicle with a BAC of .10% or greater in violation of 75 Pa.C.S. § 3731(a)(4) (BAC of .10% or greater) of the Motor *303 Vehicle Code. 4 In both Jarman and Modaffare , which were decided on the same day, the defendants were arrested for d

1996At the outset, we note that it is evident that § 3731(a)(5) was enacted in response to this Court’s decisions in Commonwealth v. Jarman, 529 Pa. 92 , 601 A.2d 1229 (1992) and Commonwealth v. Modaffare, 529 Pa. 101 , 601 A.2d 1233 (1992), in which this Court found that there was insufficient evidence to sustain the defendants’ convictions for operating a motor vehicle with a BAC of .10% or greater in violation of 75 Pa.C.S. § 3731(a)(4) (BAC of .10% or greater) of the Motor *303 Vehicle Code. 4 In both Jarman and Modaffare , which were decided on the same day, the defendants were arrested for d

11996–1996
Commonwealth v. Jarman yellow
pa · 1992
2 sentences

1996At the outset, we note that it is evident that § 3731(a)(5) was enacted in response to this Court’s decisions in Commonwealth v. Jarman, 529 Pa. 92 , 601 A.2d 1229 (1992) and Commonwealth v. Modaffare, 529 Pa. 101 , 601 A.2d 1233 (1992), in which this Court found that there was insufficient evidence to sustain the defendants’ convictions for operating a motor vehicle with a BAC of .10% or greater in violation of 75 Pa.C.S. § 3731(a)(4) (BAC of .10% or greater) of the Motor *303 Vehicle Code. 4 In both Jarman and Modaffare , which were decided on the same day, the defendants were arrested for d

1996At the outset, we note that it is evident that § 3731(a)(5) was enacted in response to this Court’s decisions in Commonwealth v. Jarman, 529 Pa. 92 , 601 A.2d 1229 (1992) and Commonwealth v. Modaffare, 529 Pa. 101 , 601 A.2d 1233 (1992), in which this Court found that there was insufficient evidence to sustain the defendants’ convictions for operating a motor vehicle with a BAC of .10% or greater in violation of 75 Pa.C.S. § 3731(a)(4) (BAC of .10% or greater) of the Motor *303 Vehicle Code. 4 In both Jarman and Modaffare , which were decided on the same day, the defendants were arrested for d

11996–1996
McCullough v. Commonwealth green
pacommwct · 1988
2 sentences

1992McCullough v. PennDOT, 122 Pa. Commw. 415 , 551 A.2d 1170 (1988).

1992McCullough v. PennDOT, 122 Pa. Commw. 415 , 551 A.2d 1170 (1988).

11992–1992
Commonwealth v. McFarland neutral
pasuperct · 1973
1 sentence

1974Id. at 371 n.7, 308 A. 2d at 126 n.7. 4 Schmerher v. California, supra, and Commonwealth v. Murray, supra, make it clear that the administration of a blood test constitutes a search and seizure.

11974–1974

Statutes the citing opinions construe

PA § 75 Pa. Cons. Stat. § 1547 (8) PA § 75 Pa. Cons. Stat. § 3802 (5) PA § 75 Pa. Cons. Stat. § 3731 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 27 (1974–2020) ND 4 (2015–2019) FL 4 (1974–1995) NY 3 (1983–2017) MD 3 (1987–2001) VA 2 (1999–2016) CO 2 (1996–2010) IL 2 (2019–2021) MN 2 (2007–2016) GA 2 (1990–2011)

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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