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16 Pennsylvania opinions name it 3 courts 1972–2025 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.
| Case | Followed | Cited |
|---|---|---|
Miranda v. Arizonagreen2 sentences2025If an individual “indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease,” and any statement taken after the person invokes his privilege “cannot be other than the product of compulsion, subtle or otherwise.” Id. at 473-74. 2024“If an - 16 - J-A14013-24 individual ‘indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease,’ and any statement taken after the person invokes his privilege ‘cannot be other than the product of compulsion, subtle or otherwise.’” Miranda, 384 U.S. at 473 - 74. | 6 | 9 |
Commonwealth v. Frein, E., Aplt.green2 sentences2020“If an individual indicates in any manner, at any time prior -5- J-S22027-20 to or during questioning, that he wishes to remain silent, the interrogation must cease, and any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise.” Commonwealth v. Frein, 206 A.3d 1049, 1064 (Pa. 2019). 2020“If an individual indicates in any manner, at any time prior -5- J-S22027-20 to or during questioning, that he wishes to remain silent, the interrogation must cease, and any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise.” Commonwealth v. Frein, 206 A.3d 1049, 1064 (Pa. 2019). | 4 | 4 |
Michigan v. Mosleygreen1 sentence2005Without the right to cut off questioning, the setting of in-custody interrogation op erates on the individual to overcome free choice in producing a statement after the privilege has been once invoked.” The court elaborated on this principle in Michigan v. Mosely, 423 U.S. 96, 103-104 (1975) as follows: “Through the exercise of his option to terminate questioning he (the suspect) can control the time at which questioning occurs, the subjects discussed, and the duration of the interrogation. | 1 | 1 |
Commonwealth v. Walkergreen2 sentences1983Commonwealth v. Walker, 470 Pa. 534, 542 , 368 A.2d 1284, 1288 (1977). 1983Commonwealth v. Walker, 470 Pa. 534, 542 , 368 A.2d 1284, 1288 (1977). | 1 | 1 |
Commonwealth v. Goodwingreen2 sentences1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. 1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. | 1 | 1 |
Commonwealth v. Simalagreen1 sentence1975Our Supreme Court defined "interrogation" in Commonwealth v. Simala, 434 Pa. 219, 227 (1969) to be "any question likely to or expected to elicit a confession." In the instant case, Santos' knowledge of the origin of the marijuana would have constituted circumstantial evidence establishing his part in an illicit joint venture to purchase and transport the contraband for sale on the east coast, and would have been inadmissible in evidence against him since it was elicited after he requested counsel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re B.T.
green
2 sentences2020“If a suspect makes a statement during custodial interrogation, the burden is on the [Commonwealth] to show, as a prerequisite to the statement’s admissibility in the [Commonwealth’s] case in chief, that the defendant voluntarily, knowingly and intelligently waived his rights.” B.T., 82 A.3d at 436 . 2020“If a suspect makes a statement during custodial interrogation, the burden is on the [Commonwealth] to show, as a prerequisite to the statement’s admissibility in the [Commonwealth’s] case in chief, that the defendant voluntarily, knowingly and intelligently waived his rights.” B.T., 82 A.3d at 436 . | 2 | 2020–2020 |
Martinez v. United States
green
1 sentence2021Commonwealth v. Frein, 651 Pa. 635 , 661-62, 206 A.3d 1049, 1064 (2019), cert. denied, ___ U.S. ___, 140 S.Ct. 844 , ___ L.Ed.2d ___ (2020) -6- J-A22045-21 (internal citations, footnote, and quotation marks omitted). | 1 | 2021–2021 |
Commonwealth v. Fogan
green
2 sentences1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. 1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. | 1 | 1977–1977 |
Hassell v. Board of Elections
green
1 sentence1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. | 1 | 1977–1977 |
Commonwealth v. Ewell
green
1 sentence1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. | 1 | 1977–1977 |
Commonwealth v. Barnette
green
2 sentences1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. 1977See for example, Commonwealth v. Goodwin, 460 Pa. 516 , 333 A.2d 892 (1975); Commonwealth v. Ewell, 456 Pa. 589 , 319 A.2d 153 (1974); Commonwealth v. Fogan, 449 Pa. 552 , 296 A.2d 755 (1972); Commonwealth v. Barnette, 445 Pa. 288 , 285 A.2d 141 (1971); Commonwealth ex rel. | 1 | 1977–1977 |
Commonwealth v. Camm
green
2 sentences1972The instant situation is distinctly different from that reviewed in Commonwealth v. Camm, 443 Pa. 253 , 277 A. 2d 325 (1971), wherein the defendant attempted to take the stand at trial and cut short or limit the questioning by exercising the privilege. 1972The instant situation is distinctly different from that reviewed in Commonwealth v. Camm, 443 Pa. 253 , 277 A. 2d 325 (1971), wherein the defendant attempted to take the stand at trial and cut short or limit the questioning by exercising the privilege. | 1 | 1972–1972 |
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.