motorist violation in Pennsylvania

20 Pennsylvania opinions name it 3 courts 1984–2026 3 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 (13)

Case	Followed	Cited
Commonwealth v. Parkergreen pasuperct · 2008 · cited in 6 Pennsylvania opinions naming this issue, 2011–2026 2 sentences 2026Moreover, “[w]hen a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the driver to step out of the vehicle ‘as a matter of right.’” Commonwealth v. Parker, 957 A.2d 311, 314-15 (Pa. Super. 2008) (internal citation omitted). 2025Additionally, it has long been the case that “[w]hen a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the driver to step out of the vehicle as a matter of right.” Commonwealth v. Parker, 957 A.2d 311, 314-15 (Pa.Super. 2008) (cleaned up). -8- J-A15008-25 In support of his claim, Appellant argues that based on the facts presented at the suppression hearing, he was officially placed under arrest at the time Troopers Fornwalt and Manzo began to forcibly remove him from the car.	4	6
Commonwealth v. Boydgreen pasuperct · 2011 · cited in 3 Pennsylvania opinions naming this issue, 2015–2019 2 sentences 2019Commonwealth v. Chase, 599 Pa. 80, 89 , 960 A.2d 108, 113 (2008). “[W]hen a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the driver to step out of the vehicle ‘as a matter of right.’” Commonwealth v. Boyd, 17 A.3d 1274, 1277 (Pa.Super. 2011), appeal denied, 611 Pa. 677 , 29 A.3d 370 (2011) (citation and internal quotation marks omitted). 2016See Commonwealth v. Boyd, 17 A.3d 1274, 1277 (Pa.Super.2011) (“When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle ____________________________________________ 2 The trial court also stated that the pat down was incident to arrest, a conclusion discussed infra. See Trial Court 1925(a) Opinion, pp. 6-7. 3 75 Pa.C.S. § 1543, driving while operating privilege is suspended or revoked. -5- J-A07038-16 Code, the officer is permitted to ask the driver to step out of the vehicle ‘as a matter of right.’”).	3	3
COM., DEPT. OF TRANS. v. Scottgreen pa · 1996 · cited in 3 Pennsylvania opinions naming this issue, 2009–2024 2 sentences 2024Scott, 684 A.2d at 543 . 2009In fact, the Pennsylvania Supreme Court has held that "[a] motorist's subjective beliefs are an insufficient justification for refusing to comply with the mandates of the Implied Consent Law." Dep't of Transp., Bureau of Driver Licensing v. Scott, 546 Pa. 241, 249 , 684 A.2d 539, 543 (1996) (driver did not believe the officer's warning).	2	3
Commonwealth v. Chasegreen pa · 2008 · cited in 2 Pennsylvania opinions naming this issue, 2015–2019 2 sentences 2019Commonwealth v. Chase, 599 Pa. 80, 89 , 960 A.2d 108, 113 (2008). “[W]hen a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the driver to step out of the vehicle ‘as a matter of right.’” Commonwealth v. Boyd, 17 A.3d 1274, 1277 (Pa.Super. 2011), appeal denied, 611 Pa. 677 , 29 A.3d 370 (2011) (citation and internal quotation marks omitted). 2019Commonwealth v. Chase, 599 Pa. 80, 89 , 960 A.2d 108, 113 (2008). “[W]hen a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the driver to step out of the vehicle ‘as a matter of right.’” Commonwealth v. Boyd, 17 A.3d 1274, 1277 (Pa.Super. 2011), appeal denied, 611 Pa. 677 , 29 A.3d 370 (2011) (citation and internal quotation marks omitted).	2	2
Commonwealth v. Austingreen pasuperct · 1993 · cited in 2 Pennsylvania opinions naming this issue, 2011–2017 2 sentences 2017Further, “an officer has the right to conduct a weapons search of an automobile if there is a reasonable belief that the suspect is dangerous and that the suspect might gain immediate control of weapons.” Commonwealth v. Austin, 428 Pa.Super. 466 , 631 A.2d 625, 627 (1993). 2017Further, “an officer has the right to conduct a weapons search of an automobile if there is a reasonable belief that the suspect is dangerous and that the suspect might gain immediate control of weapons.” Commonwealth v. Austin, 428 Pa.Super. 466 , 631 A.2d 625, 627 (1993).	2	2
Commonwealth v. Baergreen pasuperct · 1994 · cited in 2 Pennsylvania opinions naming this issue, 2020–2020 2 sentences 2020Case law concerning when and under what circumstances a police officer may conduct a pat-down search provides as follows: “[T]he [F]ourth [A]mendment to the United States Constitution as well as Article I, § 8 of the Pennsylvania Constitution protect citizens from ‘unreasonable searches and seizures.’” Commonwealth v. Baer, 439 Pa. Super. 437 , 654 A.2d 1058, 1059 (1994). 2020Case law concerning when and under what circumstances a police officer may conduct a pat-down search provides as follows: “[T]he [F]ourth [A]mendment to the United States Constitution as well as Article I, § 8 of the Pennsylvania Constitution protect citizens from ‘unreasonable searches and seizures.’” Commonwealth v. Baer, 439 Pa. Super. 437 , 654 A.2d 1058, 1059 (1994).	1	2
Commonwealth v. Metzgreen pasuperct · 1992 · cited in 2 Pennsylvania opinions naming this issue, 1997–2001 2 sentences 2001This Court reversed, holding that “a motorist’s avoidance or attempt to avoid a police roadblock must be coupled with other articulable facts in order to give a police officer reasonable suspicion that the motorist is in violation of the Vehicle Code or that criminal activity is afoot.” Commonwealth v. Scavello, 703 A.2d 36, 38 (Pa.Super.1997) (quoting Commonwealth v. Metz, 412 Pa.Super. 100 , 602 A.2d 1328, 1335 (1992).) Because the facts revealed that the defendant was pulled over merely because he appeared to be attempting to avoid a roadblock, and avoidance in and of itself did not give ri 2001This Court reversed, holding that “a motorist’s avoidance or attempt to avoid a police roadblock must be coupled with other articulable facts in order to give a police officer reasonable suspicion that the motorist is in violation of the Vehicle Code or that criminal activity is afoot.” Commonwealth v. Scavello, 703 A.2d 36, 38 (Pa.Super.1997) (quoting Commonwealth v. Metz, 412 Pa.Super. 100 , 602 A.2d 1328, 1335 (1992).) Because the facts revealed that the defendant was pulled over merely because he appeared to be attempting to avoid a roadblock, and avoidance in and of itself did not give ri	1	2
Commonwealth v. Robinsongreen pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008 2 sentences 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992). 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992).	1	1
Commonwealth v. Pakackigreen pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008 2 sentences 2008Commonwealth v. Pakacki, 587 Pa. 511, 516-517 , 901 A.2d 983, 986 (2006) (quotation omitted). ¶ 9 When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the offi 315 cer is permitted to ask the driver to step out of the vehicle “as a matter of right.” Commonwealth v. Wilson, 927 A.2d 279, 284 , (Pa.Super.2007), citing, Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977). 2008Commonwealth v. Pakacki, 587 Pa. 511, 516-517 , 901 A.2d 983, 986 (2006) (quotation omitted). ¶ 9 When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the offi 315 cer is permitted to ask the driver to step out of the vehicle “as a matter of right.” Commonwealth v. Wilson, 927 A.2d 279, 284 , (Pa.Super.2007), citing, Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977).	1	1
Commonwealth v. Stevensongreen pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008 1 sentence 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992).	1	1
Commonwealth v. Scavellogreen pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001 1 sentence 2001This Court reversed, holding that “a motorist’s avoidance or attempt to avoid a police roadblock must be coupled with other articulable facts in order to give a police officer reasonable suspicion that the motorist is in violation of the Vehicle Code or that criminal activity is afoot.” Commonwealth v. Scavello, 703 A.2d 36, 38 (Pa.Super.1997) (quoting Commonwealth v. Metz, 412 Pa.Super. 100 , 602 A.2d 1328, 1335 (1992).) Because the facts revealed that the defendant was pulled over merely because he appeared to be attempting to avoid a roadblock, and avoidance in and of itself did not give ri	1	1
People v. Thomasgreen colo · 1992 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997 1 sentence 1997People v. Thomas, 839 P.2d 1174, 1177 (Colo.1992); Jones v. State ex rel.	1	1
State v. Weekleygreen sd · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984 2 sentences 1984State v. Weekely, 90 S.D. 192 , 240 N.W.2d 80, 82-83 (1976). 1984State v. Weekely, 90 S.D. 192 , 240 N.W.2d 80, 82-83 (1976).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

Case	Cited	Years
Quigley v. Commonwealth, Department of Transportation, Bureau of Driver Licensing green pacommwct · 2009 2 sentences 2024That a motorist hearing the warnings questions their interpretation will not render any subsequent refusal to be not knowing and conscious, id., and a licensee’s subjective beliefs will not justify a refusal to comply with the Implied Consent Law. 2018Id.	3	2017–2024
Com. v. Montanez green pa · 2009 2 sentences 2017Moreover, “When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the drive [(sic)] to step out of the vehicle ‘as a matter of right’.” Commonwealth v. Parker, 957 A.2d 311 (Pa. Super. 2008), appeal denied, 600 Pa. 755 , 966 A.2d 571 (2009). 2011We must now determine whether the search of the center console was proper. ‘When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the drive to step out of the vehicle ‘as a matter of right.’ ” Commonwealth v. Parker, 957 A.2d 311 (Pa.Super.2008), appeal denied, 600 Pa. 755 , 966 A.2d 571 (2009).	2	2011–2017
Com. v. Arms green pa · 2011 1 sentence 2019Commonwealth v. Chase, 599 Pa. 80, 89 , 960 A.2d 108, 113 (2008). “[W]hen a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the officer is permitted to ask the driver to step out of the vehicle ‘as a matter of right.’” Commonwealth v. Boyd, 17 A.3d 1274, 1277 (Pa.Super. 2011), appeal denied, 611 Pa. 677 , 29 A.3d 370 (2011) (citation and internal quotation marks omitted).	1	2019–2019
Commonwealth v. Wilson green pasuperct · 2007 1 sentence 2008Commonwealth v. Pakacki, 587 Pa. 511, 516-517 , 901 A.2d 983, 986 (2006) (quotation omitted). ¶ 9 When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the offi *315 cer is permitted to ask the driver to step out of the vehicle “as a matter of right.” Commonwealth v. Wilson, 927 A.2d 279, 284 , (Pa.Super.2007), citing, Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977).	1	2008–2008
Com. v. Thompson green pa · 2006 2 sentences 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992). 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992).	1	2008–2008
Terry v. Ohio green scotus · 1968 2 sentences 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992). 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992).	1	2008–2008
Commonwealth v. Hicks green pa · 1969 2 sentences 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992). 2008During this investigatory stop, the officer can pat-down the driver “when the officer believes, based on specific and articulable facts, that the individual is armed and dangerous.” Commonwealth v. Stevenson, 894 A.2d 759, 772 (Pa.Super.2006), appeal denied, 591 Pa. 691 , 917 A.2d 846 (2007), citing, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Commonwealth v. Hicks, 434 Pa. 153 , 253 A.2d 276 (1969); Commonwealth v. Robinson, 410 Pa.Super. 614 , 600 A.2d 957, 959 (1991), appeal denied, 533 Pa. 599 , 617 A.2d 1273 (1992).	1	2008–2008
Pennsylvania v. Mimms green scotus · 1977 2 sentences 2008Commonwealth v. Pakacki, 587 Pa. 511, 516-517 , 901 A.2d 983, 986 (2006) (quotation omitted). ¶ 9 When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the offi 315 cer is permitted to ask the driver to step out of the vehicle “as a matter of right.” Commonwealth v. Wilson, 927 A.2d 279, 284 , (Pa.Super.2007), citing, Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977). 2008Commonwealth v. Pakacki, 587 Pa. 511, 516-517 , 901 A.2d 983, 986 (2006) (quotation omitted). ¶ 9 When a police officer lawfully stops a motorist for a violation of the Pennsylvania Motor Vehicle Code, the offi 315 cer is permitted to ask the driver to step out of the vehicle “as a matter of right.” Commonwealth v. Wilson, 927 A.2d 279, 284 , (Pa.Super.2007), citing, Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977).	1	2008–2008
Commonwealth v. Metz green pa · 1993 2 sentences 1997In support of his contention, Scavello relies principally upon a panel decision of this court in Commonwealth v. Metz, 412 Pa.Super. 100 , 602 A.2d 1328 (1992), aff'd. on other grounds 534 Pa. 341 , 633 A.2d 125 (1993). 3 In Metz , a plurality of this court held that where a motorist attempts to avoid a police roadblock, there must be specific and articu-lable facts present that the motorist was in violation of the Vehicle Code to effectuate a legal traffic stop. 1997In support of his contention, Scavello relies principally upon a panel decision of this court in Commonwealth v. Metz, 412 Pa.Super. 100 , 602 A.2d 1328 (1992), aff'd. on other grounds 534 Pa. 341 , 633 A.2d 125 (1993). 3 In Metz , a plurality of this court held that where a motorist attempts to avoid a police roadblock, there must be specific and articu-lable facts present that the motorist was in violation of the Vehicle Code to effectuate a legal traffic stop.	1	1997–1997
Snyder v. State green indctapp · 1989 2 sentences 1992In Snyder v. State, 538 N.E.2d 961 (Ind.Ct.App. 1989), a state trooper stopped appellant after he made a U-turn approximately 100 yards from a police roadblock. 1992In Snyder v. State, 538 N.E.2d 961 (Ind.Ct.App. 1989), a state trooper stopped appellant after he made a U-turn approximately 100 yards from a police roadblock.	1	1992–1992

Statutes the citing opinions construe

PA § 75 Pa. Cons. Stat. § 1547 (5) PA § 75 Pa. Cons. Stat. § 3802 (3)

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 20 (1984–2026) IL 7 (1993–2024) NC 5 (1999–2022) OH 5 (1992–2020) FL 4 (1996–1998) IA 2 (1972–2015) LA 2 (2000–2005)

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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