prophylactic exclusionary rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

prophylactic exclusionary rule in Pennsylvania

14 Pennsylvania opinions name it 2 courts 1972–2017 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 (5)

CaseFollowedCited
Mapp v. Ohiogreen
scotus · 1961 · cited in 11 Pennsylvania opinions naming this issue, 1973–2008
2 sentences

2008See generally Mapp v. Ohio, 367 U.S. 643, 651-652 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

2008See generally Mapp v. Ohio, 367 U.S. 643, 651-652 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

1111
Commonwealth v. Williamsgreen
pa · 1973 · cited in 6 Pennsylvania opinions naming this issue, 1975–1999
2 sentences

1999This Court rejected the argument stating: “a prophylactic exclusionary rule is applied only in extreme cases where all other attempts to secure compliance have proven unsuccessful.” Id. (emphasis added).

1999This Court rejected the argument stating: "a prophylactic exclusionary rule is applied only in extreme cases where all other attempts to secure compliance have proven unsuccessful." Id. (emphasis added).

26
Commonwealth v. Sorrellgreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987See Gray, supra ; see also Commonwealth v. Sorrell, 319 Pa.Super. 103, 112 , 465 A.2d 1250, 1253 (1983). [21] I note that it was also issued prior to the panel decision Commonwealth v. Beauford, 327 Pa.Super. 253 , 475 A.2d 783 (1984), appeal dismissed 508 Pa. 319 , 496 A.2d 1143 (1985) (holding unconstitutional non-participant monitoring of private communications via "pen register" devices). [22] The first law regarding this subject was passed in Pennsylvania in 1851.

1987See Gray, supra ; see also Commonwealth v. Sorrell, 319 Pa.Super. 103, 112 , 465 A.2d 1250, 1253 (1983). [21] I note that it was also issued prior to the panel decision Commonwealth v. Beauford, 327 Pa.Super. 253 , 475 A.2d 783 (1984), appeal dismissed 508 Pa. 319 , 496 A.2d 1143 (1985) (holding unconstitutional non-participant monitoring of private communications via "pen register" devices). [22] The first law regarding this subject was passed in Pennsylvania in 1851.

11
Commonwealth v. Beaufordgreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987See Gray, supra ; see also Commonwealth v. Sorrell, 319 Pa.Super. 103, 112 , 465 A.2d 1250, 1253 (1983). [21] I note that it was also issued prior to the panel decision Commonwealth v. Beauford, 327 Pa.Super. 253 , 475 A.2d 783 (1984), appeal dismissed 508 Pa. 319 , 496 A.2d 1143 (1985) (holding unconstitutional non-participant monitoring of private communications via "pen register" devices). [22] The first law regarding this subject was passed in Pennsylvania in 1851.

1987See Gray, supra ; see also Commonwealth v. Sorrell, 319 Pa.Super. 103, 112 , 465 A.2d 1250, 1253 (1983). [21] I note that it was also issued prior to the panel decision Commonwealth v. Beauford, 327 Pa.Super. 253 , 475 A.2d 783 (1984), appeal dismissed 508 Pa. 319 , 496 A.2d 1143 (1985) (holding unconstitutional non-participant monitoring of private communications via "pen register" devices). [22] The first law regarding this subject was passed in Pennsylvania in 1851.

11
Commonwealth v. Beaufordgreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987See Gray, supra ; see also Commonwealth v. Sorrell, 319 Pa.Super. 103, 112 , 465 A.2d 1250, 1253 (1983). [21] I note that it was also issued prior to the panel decision Commonwealth v. Beauford, 327 Pa.Super. 253 , 475 A.2d 783 (1984), appeal dismissed 508 Pa. 319 , 496 A.2d 1143 (1985) (holding unconstitutional non-participant monitoring of private communications via "pen register" devices). [22] The first law regarding this subject was passed in Pennsylvania in 1851.

1987See Gray, supra ; see also Commonwealth v. Sorrell, 319 Pa.Super. 103, 112 , 465 A.2d 1250, 1253 (1983). [21] I note that it was also issued prior to the panel decision Commonwealth v. Beauford, 327 Pa.Super. 253 , 475 A.2d 783 (1984), appeal dismissed 508 Pa. 319 , 496 A.2d 1143 (1985) (holding unconstitutional non-participant monitoring of private communications via "pen register" devices). [22] The first law regarding this subject was passed in Pennsylvania in 1851.

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 (2)

CaseCitedYears
Wong Sun v. United States green
scotus · 1963
2 sentences

2017Far from applying a categorical ban on the suppression of identity evidence that the Commonwealth asserts in this case, the Garvin Court took a far more nuanced approach more in line with Wong Sun and Gilbert: In discussing the scope of the effect of the prophylactic exclusionary rule where there has been an unlawful invasion by the Government, the United States Supreme Court in Wong Sun ... stated: “The exclusionary rule has traditionally barred from trial physical, tangible material obtained either during or as a direct result of an unlawful invasion.” 371 U.S. at 485 , 83 S.Ct. at 416 .

2017Far from applying a categorical ban on the suppression of identity evidence that the Commonwealth asserts in this case, the Garvin Court took a far more nuanced approach more in line with Wong Sun and Gilbert: In discussing the scope of the effect of the prophylactic exclusionary rule where there has been an unlawful invasion by the Government, the United States Supreme Court in Wong Sun ... stated: “The exclusionary rule has traditionally barred from trial physical, tangible material obtained either during or as a direct result of an unlawful invasion.” 371 U.S. at 485 , 83 S.Ct. at 416 .

21972–2017
Commonwealth v. Futch green
pa · 1972
2 sentences

1975I applaud this development, even though a few horses were stolen before the barn door was locked. [1] *128 While not necessary to its decision, in view of the rationale set forth in part II of the Opinion, the Court nevertheless takes occasion to reaffirm another recent line of cases, to my mind at least as mischievous as the Wayman footnote, viz., those which give retrospective application to the prophylactic exclusionary rule contained in Commonwealth v. Futch, 447 Pa. 389 , 290 A.2d 417 (1972).

1975I applaud this development, even though a few horses were stolen before the barn door was locked. [1] *128 While not necessary to its decision, in view of the rationale set forth in part II of the Opinion, the Court nevertheless takes occasion to reaffirm another recent line of cases, to my mind at least as mischievous as the Wayman footnote, viz., those which give retrospective application to the prophylactic exclusionary rule contained in Commonwealth v. Futch, 447 Pa. 389 , 290 A.2d 417 (1972).

11975–1975

← Caselaw search · G Cite Topics · Brief Check