request for a chemical test in Pennsylvania

11 Pennsylvania opinions name it 3 courts 1976–2023 1 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 (4)

Case	Followed	Cited
Commonwealth v. Anderlgreen pa · 1984 · cited in 2 Pennsylvania opinions naming this issue, 1987–1988 2 sentences 1988Accord: Commonwealth v. Anderl, 329 Pa.Super. 69, 85 , 477 A.2d 1356, 1364 (1984). 1988Accord: Commonwealth v. Anderl, 329 Pa.Super. 69, 85 , 477 A.2d 1356, 1364 (1984).	1	2
Com., Dept. of Transp. v. McFarrengreen pa · 1987 · cited in 2 Pennsylvania opinions naming this issue, 1988–1988 2 sentences 1988“Under Section 1547(a) [of the Motor Vehicle Code], the basis for the initial stop and search is the police officer’s reasonable belief that the person from whom the request for a chemical test is being made is driving a motor vehicle while under the influence of alcohol, and thus the search is either incident to a lawful arrest or necessitated by exigent circumstances.” Commonwealth, Department of Transportation v. McFarren, supra, 514 Pa. at 417 , 525 A.2d at 1188 . 1988“Under Section 1547(a) [of the Motor Vehicle Code], the basis for the initial stop and search is the police officer’s reasonable belief that the person from whom the request for a chemical test is being made is driving a motor vehicle while under the influence of alcohol, and thus the search is either incident to a lawful arrest or necessitated by exigent circumstances.” Commonwealth, Department of Transportation v. McFarren, supra, 514 Pa. at 417 , 525 A.2d at 1188 .	1	2
Commonwealth v. Barrettgreen pacommwct · 1976 · cited in 2 Pennsylvania opinions naming this issue, 1977–1979 2 sentences 1979As stated in Department of Transportation, Bureau of Traffic Safety v. Barrett, 22 Pa. Commonwealth Ct. 559, 561 , 349 A.2d 798, 799 (1976), “[c]ertainly, there can be no doubt in the law today that the propriety of the request for a chemical test is not dependent on the legality of the arrest.” See also Glass v. Bureau of Traffic Safety, 460 Pa. 362 , 333 A.2d 768 (1975). 1979As stated in Department of Transportation, Bureau of Traffic Safety v. Barrett, 22 Pa. Commonwealth Ct. 559, 561 , 349 A.2d 798, 799 (1976), “[c]ertainly, there can be no doubt in the law today that the propriety of the request for a chemical test is not dependent on the legality of the arrest.” See also Glass v. Bureau of Traffic Safety, 460 Pa. 362 , 333 A.2d 768 (1975).	1	2
Hudson v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen pacommwct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007 1 sentence 2007Hudson v. Department of Transportation, Bureau of Driver Licensing, 830 A.2d 594, 599 (Pa.Cmwlth.2003).	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 (8)

Case	Cited	Years
Glass v. Commonwealth, Department of Transportation, Bureau of Traffic Safety green pa · 1975 2 sentences 1979As stated in Department of Transportation, Bureau of Traffic Safety v. Barrett, 22 Pa. Commonwealth Ct. 559, 561 , 349 A.2d 798, 799 (1976), “[c]ertainly, there can be no doubt in the law today that the propriety of the request for a chemical test is not dependent on the legality of the arrest.” See also Glass v. Bureau of Traffic Safety, 460 Pa. 362 , 333 A.2d 768 (1975). 1979As stated in Department of Transportation, Bureau of Traffic Safety v. Barrett, 22 Pa. Commonwealth Ct. 559, 561 , 349 A.2d 798, 799 (1976), “[c]ertainly, there can be no doubt in the law today that the propriety of the request for a chemical test is not dependent on the legality of the arrest.” See also Glass v. Bureau of Traffic Safety, 460 Pa. 362 , 333 A.2d 768 (1975).	2	1977–1979
Solomon v. Commonwealth, Department of Transportation, Bureau of Driver Licensing red pacommwct · 2009 1 sentence 2023In Solomon, this Court concluded that the licensee’s response of “do what you’ve got to do” to a request for a chemical test was ambiguous. 966 A.2d at 643 .	1	2023–2023
Alexander v. Commonwealth, Department of Transportation, Bureau of Driver Licensing green pacommwct · 2005 1 sentence 2018As such, his refusal had to "be deemed a denial to submit to a request for a chemical test." Id.	1	2018–2018
COM. DEPT. OF TRANSP. v. Ingram green pa · 1994 1 sentence 1994Department of Transportation, Bureau of Driver Licensing v. Ingram, — Pa. -, 648 A.2d 285 (1994).	1	1994–1994
Com., Dept. of Transp. v. O'CONNELL green pa · 1989 2 sentences 1994(N.T. at 50-51; R.R. at 56-57.) Licensee now appeals to this court 5 and asks us to determine whether the trial court erred in affirming the license suspension where the trial court found that Licensee had been read his Miranda rights prior to a request for a chemical test, but where there was no evidence that Licensee had not been advised that his Miranda rights were inapplicable to the chemical test procedure. 6 In Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), the Pennsylvania Supreme Court held that when a licensee has been given Mir 1994(N.T. at 50-51; R.R. at 56-57.) Licensee now appeals to this court 5 and asks us to determine whether the trial court erred in affirming the license suspension where the trial court found that Licensee had been read his Miranda rights prior to a request for a chemical test, but where there was no evidence that Licensee had not been advised that his Miranda rights were inapplicable to the chemical test procedure. 6 In Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), the Pennsylvania Supreme Court held that when a licensee has been given Mir	1	1994–1994
COM., DEPT. OF TRANSP. v. Fiester green pacommwct · 1990 2 sentences 1991PennDOT v. Fiester, 136 Pa. Commw. 342 , 583 A.2d 31 (1990). 1991PennDOT v. Fiester, 136 Pa. Commw. 342 , 583 A.2d 31 (1990).	1	1991–1991
Commonwealth v. Cieri green pa · 1985 2 sentences 1987Commonwealth v. Cieri, 346 Pa.Super. 77 , 499 A.2d 317 (1985); Commonwealth v. Anderl, 329 Pa.Super. 69 , 477 A.2d 1356 (1984). 1987Commonwealth v. Cieri, 346 Pa.Super. 77 , 499 A.2d 317 (1985); Commonwealth v. Anderl, 329 Pa.Super. 69 , 477 A.2d 1356 (1984).	1	1987–1987
Commonwealth v. Griffie green pacommwct · 1975 2 sentences 1976Judge Blatt’s able discussion of this point, as well as the collecting of the cases, in Commonwealth v. Griffie, 21 Pa. Commonwealth Ct. 403 , 346 A.2d 838 (1975), makes it unnecessary for us to repeat it here. 1976Judge Blatt’s able discussion of this point, as well as the collecting of the cases, in Commonwealth v. Griffie, 21 Pa. Commonwealth Ct. 403 , 346 A.2d 838 (1975), makes it unnecessary for us to repeat it here.	1	1976–1976

Statutes the citing opinions construe

PA § 75 Pa. Cons. Stat. § 1547 (9)

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 11 (1976–2023) IA 3 (2016–2016)

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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