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17 Pennsylvania opinions name it 4 courts 1971–2018 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 |
|---|---|---|
United States v. Francis I. Hughesgreen2 sentences1980But it does not follow that, because the arrest was illegal, the information was or became void.”); see also United States v. Hughes, 311 F.2d 845 (3rd Cir. 1962); 8 Moore’s Federal Practice para. 4.02. 1980But it does not follow that, because the arrest was illegal, the information was or became void."); see also United *591 States v. Hughes, 311 F.2d 845 (3rd Cir. 1962); 8 Moore's Federal Practice para. 4.02. | 1 | 2 |
Commonwealth v. Ortegagreen1 sentence2011Id.; see also Commonwealth v. Ortega, 995 A.2d 879, 887 (Pa.Super.2010) (citing Vargas as to when jeopardy applies and holding that testimony regarding an arrest at a violation of probation hearing was not prohibited by double jeopardy, even though the charges were eventually dropped, because the charges “were dismissed preliminarily, before a jury was empanelled or a trial court sitting as finder of fact began to hear evidence.”) Here, it is clear that the misconduct at issue did not occur until the “pretrial” phase since the misconduct occurred after the remand for a new trial and before the | 1 | 1 |
Commonwealth v. Dickersongreen2 sentences1981The test for probable cause to arrest “is not one of certainties, but rather of probabilities dealing ‘with the considerations of everyday life.’ Commonwealth v. Dickerson, 468 Pa. 599, 605 , 364 A.2d 677, 681 (1976). 1981The test for probable cause to arrest “is not one of certainties, but rather of probabilities dealing ‘with the considerations of everyday life.’ Commonwealth v. Dickerson, 468 Pa. 599, 605 , 364 A.2d 677, 681 (1976). | 1 | 1 |
Albrecht v. United Statesgreen2 sentences1980See Albrecht v. United States, 273 U.S. 1, 5 , 47 S.Ct. 250, 251 , 71 L.Ed. 505 (1927) (Brandeis, J.) (“As the affidavits on which the warrant issued had not been properly verified, the arrest was in violation of the clause in the Fourth Amendment . 1980See Albrecht v. United States, 273 U.S. 1, 5 , 47 S.Ct. 250, 251 , 71 L.Ed. 505 (1927) (Brandeis, J.) (“As the affidavits on which the warrant issued had not been properly verified, the arrest was in violation of the clause in the Fourth Amendment . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cipolla v. Cipolla
green
2 sentences1998Cipolla, 264 Pa.Super. at 55 n. 1, 398 A.2d at 1054 n. 1 (1979) (citations omitted). 1998Cipolla, 264 Pa.Super. at 55 n. 1, 398 A.2d at 1054 n. 1 (1979) (citations omitted). | 3 | 1998–1998 |
Commonwealth v. Bullers
green
2 sentences2016Appellant relies upon Commonwealth v. Bullers, 637 A.2d 1326 (Pa. 1994), where our Supreme Court rejected the Commonwealth's position that a police officer lawfully arrested the defendant for underage drinking, a summary offense. 1995In its supplemental opinion, the trial court cited Commonwealth v. Bullers, 536 Pa. 84 , 637 A.2d 1326 (1994). | 2 | 1995–2016 |
Commonwealth v. Sims
green
1 sentence2018On the contrary, we have found that an arrest alone, without facts to support the arrest, is not sufficient to revoke probation or parole.” Sims, 770 A.2d at 352 . | 1 | 2018–2018 |
United States v. Jose Ivan Duarte-Acero
green
1 sentence2007Even if the arrest was in violation of the ICCPR, the court concluded, “[t]he United States is not obligated to provide relief for alleged violations of the ICCPR committed by other nations.” Id. at 1283 . | 1 | 2007–2007 |
Commonwealth v. Mordan
green
2 sentences1996Commonwealth v. Mordan, 419 Pa.Super. 214 , 615 A.2d 102 (1992), aff'd 534 Pa. 390 , 633 A.2d 588 . 1996Commonwealth v. Mordan, 419 Pa.Super. 214 , 615 A.2d 102 (1992), aff'd 534 Pa. 390 , 633 A.2d 588 . | 1 | 1996–1996 |
Com. v. Mordan
neutral
2 sentences1996Commonwealth v. Mordan, 419 Pa.Super. 214 , 615 A.2d 102 (1992), aff'd 534 Pa. 390 , 633 A.2d 588 . 1996Commonwealth v. Mordan, 419 Pa.Super. 214 , 615 A.2d 102 (1992), aff'd 534 Pa. 390 , 633 A.2d 588 . | 1 | 1996–1996 |
Commonwealth v. Cortez
green
2 sentences1994Commonwealth v. Cortez, 507 Pa. 529, 491 A.2d 111 (1985), cert. denied, 474 U.S. 950 , 106 S.Ct. 349 , 88 L.Ed.2d 297 (1985). 1994Commonwealth v. Cortez, 507 Pa. 529, 491 A.2d 111 (1985), cert. denied, 474 U.S. 950 , 106 S.Ct. 349 , 88 L.Ed.2d 297 (1985). | 1 | 1994–1994 |
Mullady v. Smith
green
1 sentence1994Commonwealth v. Cortez, 507 Pa. 529, 491 A.2d 111 (1985), cert. denied, 474 U.S. 950 , 106 S.Ct. 349 , 88 L.Ed.2d 297 (1985). | 1 | 1994–1994 |
Cortez v. Pennsylvania
green
1 sentence1994Commonwealth v. Cortez, 507 Pa. 529, 491 A.2d 111 (1985), cert. denied, 474 U.S. 950 , 106 S.Ct. 349 , 88 L.Ed.2d 297 (1985). | 1 | 1994–1994 |
Smith v. City of Pittsburgh
green
1 sentence1994Commonwealth v. Cortez, 507 Pa. 529, 491 A.2d 111 (1985), cert. denied, 474 U.S. 950 , 106 S.Ct. 349 , 88 L.Ed.2d 297 (1985). | 1 | 1994–1994 |
Eastern Express, Inc. v. Food Haulers, Inc.
green
2 sentences1977The court reasoned that “[i]f evidence of a conviction for violation of the code is prohibited, clearly evidence of an arrest for such a violation should not be permitted.” 445 Pa. at 434 , 285 A.2d at 153 . 1977The court reasoned that “[i]f evidence of a conviction for violation of the code is prohibited, clearly evidence of an arrest for such a violation should not be permitted.” 445 Pa. at 434 , 285 A.2d at 153 . | 1 | 1977–1977 |
Commonwealth v. Brennan
green
2 sentences1976The court, per Brandéis, J. did not agree: ‘As the affidavits on which the warrant issued had not been properly verified, the arrest was in violation of the clause in the 4th Amendment which declares that “no warrant shall issue but upon probable cause supported by oath or affirmation” . . . but it does not follow that because the arrest was illegal, the information was or became void.’ ” The Pennsylvania law is to the same effect in Commonwealth v. Brennan, 193 Pa. 567, 569 , 44 Atl. 498 (1899). 1976The court, per Brandéis, J. did not agree: ‘As the affidavits on which the warrant issued had not been properly verified, the arrest was in violation of the clause in the 4th Amendment which declares that “no warrant shall issue but upon probable cause supported by oath or affirmation” . . . but it does not follow that because the arrest was illegal, the information was or became void.’ ” The Pennsylvania law is to the same effect in Commonwealth v. Brennan, 193 Pa. 567, 569 , 44 Atl. 498 (1899). | 1 | 1976–1976 |
Commonwealth v. Campana
green
2 sentences1974Appellant's second contention is that his trial for resisting arrest and assault and battery placed him twice in jeopardy, and was in violation of the rule announced by the Supreme Court in Commonwealth v. Campana, 452 Pa. 233 , 304 A. 2d 432 (1973). 1974Appellant's second contention is that his trial for resisting arrest and assault and battery placed him twice in jeopardy, and was in violation of the rule announced by the Supreme Court in Commonwealth v. Campana, 452 Pa. 233 , 304 A. 2d 432 (1973). | 1 | 1974–1974 |
Commonwealth v. Pincavitch
green
2 sentences1971The Pennsylvania Superior Court stated the law on the subject in generic form in Commonwealth v. Pincavitch, 206 Pa. Superior Ct. 539 , 214 A.2d 280 (1965), as follows: “A peace officer may, without a warrant, arrest for a felony or for a misdemeanor committed in his presence although the right to arrest for a misdemeanor, unless conferred by statute, is restricted to misdemeanors amounting to a breach of the peace.” When the misdemeanor is in the nature of a traffic offense under The Vehicle Code, as in the instant case, the right of a police officer to make an arrest is affected by the Act o 1971The Pennsylvania Superior Court stated the law on the subject in generic form in Commonwealth v. Pincavitch, 206 Pa. Superior Ct. 539 , 214 A.2d 280 (1965), as follows: “A peace officer may, without a warrant, arrest for a felony or for a misdemeanor committed in his presence although the right to arrest for a misdemeanor, unless conferred by statute, is restricted to misdemeanors amounting to a breach of the peace.” When the misdemeanor is in the nature of a traffic offense under The Vehicle Code, as in the instant case, the right of a police officer to make an arrest is affected by the Act o | 1 | 1971–1971 |
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.