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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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Kohlgreen2 sentences2019“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). | 8 | 8 |
Commonwealth v. Stricklergreen2 sentences2018Birchfield, 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). | 5 | 5 |
Commonwealth v. Ellisgreen2 sentences2018Birchfield, 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). | 3 | 3 |
Com., Dept. of Transp. v. McFarrengreen2 sentences1994PennDOT 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). | 3 | 3 |
Commonwealth v. Evansgreen2 sentences2019“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). | 2 | 8 |
Birchfield v. N. Dakota. William Robert Bernardgreen2 sentences2018Birchfield, 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). | 2 | 2 |
Commonwealth v. Gordongreen2 sentences2012See 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 | 2 | 2 |
Commonwealth v. Murraygreen2 sentences1975Schmerber 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. | 1 | 2 |
Commonwealth, Aplt. v. Myers, D.green1 sentence2019In 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). | 1 | 1 |
Weeks v. United Statesred2 sentences2012See 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 | 1 | 1 |
Pena v. Stategreen2 sentences1991See, 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 | 1 | 1 |
People v. Wadegreen2 sentences1991See, 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 | 1 | 1 |
State v. Steelegreen2 sentences1991See, 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 | 1 | 1 |
Commonwealth v. Funkgreen2 sentences1988Commonwealth, 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). | 1 | 1 |
Commonwealth v. Cierigreen2 sentences1988Commonwealth, 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). | 1 | 1 |
Koleski v. Parkgreen2 sentences1988Commonwealth, 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). | 1 | 1 |
Commonwealth v. Leegreen2 sentences1979In 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Schmerber v. California
green
2 sentences1975Schmerber 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. | 2 | 1975–2010 |
Commonwealth v. Hipp
green
2 sentences1993Commonwealth v. Hipp, 380 Pa.Super. 345 , 551 A.2d 1086 (1988). 1993Commonwealth v. Hipp, 380 Pa.Super. 345 , 551 A.2d 1086 (1988). | 2 | 1992–1993 |
Missouri v. McNeely
green
1 sentence2019In 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). | 1 | 2019–2019 |
Mapp v. Ohio
green
2 sentences2012See 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 | 1 | 2012–2012 |
Commonwealth v. Modaffare
green
2 sentences1996At 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 | 1 | 1996–1996 |
Commonwealth v. Jarman
yellow
2 sentences1996At 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 | 1 | 1996–1996 |
McCullough v. Commonwealth
green
2 sentences1992McCullough v. PennDOT, 122 Pa. Commw. 415 , 551 A.2d 1170 (1988). 1992McCullough v. PennDOT, 122 Pa. Commw. 415 , 551 A.2d 1170 (1988). | 1 | 1992–1992 |
Commonwealth v. McFarland
neutral
1 sentence1974Id. 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. | 1 | 1974–1974 |
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.
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.