demanding standard (Pennsylvania) · Go Syfert
← Pennsylvania issues

demanding standard in Pennsylvania

66 Pennsylvania opinions name it 4 courts 1976–2026 10 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 (26)

CaseFollowedCited
Alabama v. Whitegreen
scotus · 1990 · cited in 14 Pennsylvania opinions naming this issue, 1992–2023
2 sentences

2023“Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” Alabama v. White, 496 U.S. 325, 330 (1990).

2017In evaluating these factors it is useful to note the caution of the Court in Moore, when it quoted: "Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause." Moore, 805 A.2d at 620 (quoting Alabama v. White, 496 U.S. 325, 330 , 110 S.Ct. 2412, 2416 , 110 L.Ed.2d 301, 309 (

914
Commonwealth v. Davisgreen
pa · 2014 · cited in 9 Pennsylvania opinions naming this issue, 2015–2022
2 sentences

2018As this Court reiterated in Commonwealth v. Davis, 102 A.3d 996 (Pa. Super. 2014): The reasonable suspicion necessary to conduct a Terry frisk and, in fact, all investigative detentions is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.

2017It is settled that reasonable suspicion necessary for investigative detentions is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause. -6- J-S02024-17 Commonwealth v. Davis, 102 A.3d 996, 1000 (Pa. Super. 2014) (citations omitted).

89
Commonwealth v. Fellgreen
pasuperct · 2006 · cited in 8 Pennsylvania opinions naming this issue, 2006–2018
2 sentences

2018Id. at 999 (quoting Commonwealth v. Fell, 901 A.2d 542, 545 (Pa. Super. 2006) (in turn quoting Arizona v. White, 496 U.S. 325, 330 (1990)).

2015Reasonable suspicion is a less demanding standard than probable cause “not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” Commonwealth v. Fell, 901 A.2d 542, 545 (Pa.Super.2006).

78
Commonwealth v. Emeighgreen
pasuperct · 2006 · cited in 4 Pennsylvania opinions naming this issue, 2018–2019
2 sentences

2019S06038/19 in quantity and quality than that required for probable cause; it can arise from information that is less reliable than that required to show probable cause.” Commonwealth v. Emeigh, 905 A.2d 995, 998 (Pa.Super. 2006) (citation omitted).

2018“Reasonable suspicion is a less demanding standard than probable cause because it can be established by information that is different in quantity and quality than that required for probable cause; it can arise from information that is less reliable than that required to show probable cause.” Commonwealth v. Emeigh, 905 A.2d 995, 998 (Pa.Super. 2006) (citation omitted).

44
Commonwealth v. Evansgreen
pasuperct · 1995 · cited in 3 Pennsylvania opinions naming this issue, 2020–2025
2 sentences

2025Commonwealth v. Evans, 661 A.2d 881, 885 (Pa. Super. 1995).

2020Commonwealth v. Evans, 661 A.2d 881, 885 (Pa.Super. 1995).

33
Commonwealth v. Campbellgreen
pasuperct · 1992 · cited in 2 Pennsylvania opinions naming this issue, 1996–2000
2 sentences

2000This Court has noted that: “[reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” Commonwealth v. Campbell, 418 Pa.Super. 391 , 614 A.2d 692, 696 (1992) (quoting Alabama v. White, 496 U.S. 325, 330 , 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990)).

2000This Court has noted that: “[reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” Commonwealth v. Campbell, 418 Pa.Super. 391 , 614 A.2d 692, 696 (1992) (quoting Alabama v. White, 496 U.S. 325, 330 , 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990)).

22
Commonwealth v. Mooregreen
pasuperct · 2002 · cited in 3 Pennsylvania opinions naming this issue, 2017–2018
2 sentences

2018"Reasonable suspicion is a less demanding standard than probable cause ... in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause." Commonwealth v. Moore , 805 A.2d 616 , 620 (Pa.Super. 2002) (citation omitted).

2018The Moore Court explained, “[r]easonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” Id. at 620 (citations omitted). -5- J-S23022-18 must be supported by a reasonable suspicion that the offender is in violation of the conditions of his probation or parole[.]” Arter, 151

13
Commonwealth v. Butlergreen
pasuperct · 2018 · cited in 2 Pennsylvania opinions naming this issue, 2019–2025
2 sentences

2025“Reasonable suspicion is a less demanding standard than probable cause[.]” Id. (citation omitted).

2019“Reasonable suspicion is a less demanding standard than probable cause . . . in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” Commonwealth v. Butler, 194 A.3d 145, 148 (Pa. Super. 2018) (citation omitted).

12
Matter of Adoption of David C.green
pa · 1978 · cited in 2 Pennsylvania opinions naming this issue, 1980–1985
2 sentences

1985If he does place himself in such a position, he has no cause to complain when his performance of parental duties is judged by a more demanding standard.” Id., 479 Pa. at 10 , 387 A.2d at 808 .

1985If he does place himself in such a position, he has no cause to complain when his performance of parental duties is judged by a more demanding standard.” Id., 479 Pa. at 10 , 387 A.2d at 808 .

12
Commonwealth v. Wrecksgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
2 sentences

2026See Commonwealth v. Wrecks, 2007 PA Super 239 , 931 A.2d 717 (Pa. Super. 2007)(“Anders counsel is not permitted to withdraw unless the appeal is wholly frivolous, but Turner/Finley counsel is permitted to do so if the case lacks merit, even if it is not so anemic as to be deemed wholly frivolous"). -2- J-S01043-26 pervades the issues on appeal.

2026See Commonwealth v. Wrecks, 2007 PA Super 239 , 931 A.2d 717 (Pa. Super. 2007)(“Anders counsel is not permitted to withdraw unless the appeal is wholly frivolous, but Turner/Finley counsel is permitted to do so if the case lacks merit, even if it is not so anemic as to be deemed wholly frivolous"). -2- J-S01043-26 pervades the issues on appeal.

11
United States Department of Agriculture v. Murrygreen
scotus · 1973 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See U. S. Department of Agriculture v. Murry, 413 U.S. 508, 514 (1973) (“We conclude that the deduction taken for the benefit of the parent in the prior year is not a rational measure of the need of a different household with which the child of the tax- deducting parent lives and rests on an irrebuttable presumption often contrary to fact.” (emphasis added)). offenders as sexually violent predators and juvenile offenders as sexually violent delinquent children.

11
United States v. Arvizugreen
scotus · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Moreover, “reasonable suspicion ‘need not rule out the possibility of innocent conduct.’” Navarette, 572 U.S. at 403 (2014), quoting United States v. Arvizu, 534 U.S. 266, 277 (2002).

11
Hankin v. Hankingreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Despite this demanding standard, the trial court has the discretion to appoint a receiver when assets are wasted or dissipated, Hankin v. Hankin, 493 A.2d 675, 677 (Pa. 1985), or when a borrower defaults on its loan payments.

11
Metropolitan Life Insurance v. Liberty Center Venturegreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See Metropolitan Life Insurance Co. v. Liberty Center Venture, 650 A.2d 887, 890-91 (Pa. Super. 1994) (mortgagee entitled to appointment of receiver where mortgagor unilaterally made payments at interest rate of 10% instead of 14½ and 15% required under notes).

11
Prado Navarette v. Californiagreen
scotus · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Moreover, “reasonable suspicion ‘need not rule out the possibility of innocent conduct.’” Navarette, 572 U.S. at 403 (2014), quoting United States v. Arvizu, 534 U.S. 266, 277 (2002).

11
Wolff v. McDonnellgreen
scotus · 1974 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Wolff, 418 U.S. at 566-67 (emphasis added).

11
Commonwealth v. Spielergreen
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019Probable cause, the more demanding test, “does not require certainty, but rather exists when criminality is one reasonable inference, not necessarily even the most likely inference.” Commonwealth v. Spieler, 887 A.2d 1271, 1275 (Pa. Super. 2005).

11
Milkovich v. Lorain Journal Co.green
scotus · 1990 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
11
Smith v. Wadegreen
scotus · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
11
Philadelphia Newspapers, Inc. v. Heppsgreen
scotus · 1986 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
11
Doe v. 2TheMart. Com Inc.green
wawd · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
11
Commonwealth v. Wimbushgreen
pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
11
Commonwealth v. Eppsgreen
pasuperct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
11
Commonwealth v. Alexandergreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
11
Commonwealth v. Pickrongreen
pa · 1993 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
11
Commonwealth v. Battygreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1980–1980
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 (36)

CaseCitedYears
Wyeth v. Levine green
scotus · 2009
2 sentences

2019We have previously discussed controlling decisional law characterizing impossibility pre-emption as “a demanding defense.” Hasset, 74 A.3d at 210 (quoting Wyeth, 129 S.Ct. at 1199 ).

2013At issue herein is impossibility pre-emption, the type of implied conflict pre-emption that arises when it is impossible to comply with both federal and state law. 4 Kiak, supra. As the Supreme Court recognized in Wyeth v. Levine, 555 U.S. 555, 573 , 129 S.Ct. 1187 , 173 L.Ed.2d 51 (2009), “impossibility pre-emption is a demanding defense.” Therein, the Supreme Court held that state claims based upon the failure to warn of the risk of gangrene from delivery of Phenergan via IV-push method were not pre-empted on such a theory because the name-brand manufacturer of the drug could have complied w

42009–2019
United States v. Cortez green
scotus · 1981
2 sentences

2000Moreover, we have recognized that we must take into account “ ‘the totality of the circumstances’ ” and “ ‘the fluid nature of events as they were perceived by the officers at the time.’ ” Id. (quoting United States v. Cortez, 449 U.S. 411, 417 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981); Commonwealth v. Epps, 415 Pa.Super. 231 , 608 A.2d 1095, 1097 (1992) (respectively)).

2000Moreover, we have recognized that we must take into account “ ‘the totality of the circumstances’ ” and “ ‘the fluid nature of events as they were perceived by the officers at the time.’ ” Id. (quoting United States v. Cortez, 449 U.S. 411, 417 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981); Commonwealth v. Epps, 415 Pa.Super. 231 , 608 A.2d 1095, 1097 (1992) (respectively)).

41992–2000
Adams v. Williams green
scotus · 1972
2 sentences

1993Adams v. Williams, [ 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972)] supra, demonstrates as much.

1993Adams v. Williams, [ 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972)] supra, demonstrates as much.

31991–1993
Commonwealth v. Arter, K., Aplt. green
pa · 2016
2 sentences

2018The Moore Court explained, “[r]easonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause.” Id. at 620 (citations omitted). -5- J-S23022-18 must be supported by a reasonable suspicion that the offender is in violation of the conditions of his probation or parole[.]” Arter, 151

2018In accordance with such case law, the following factors, where applicable, may be taken into account: (i) The observations of agents. (ii) Information provided by others. (iii) The activities of the offender. (iv) Information provided by the offender. (v) The experience of agents with the offender. (vi) The experience of agents in similar circumstances. (vii) The prior criminal and supervisory history of the offender. ____________________________________________ 6 In Arter, it was undisputed the parole officer lacked reasonable suspicion for a warrantless search and thus, the seized evidence s

22017–2018
Kiak v. Crown Equipment Corp. green
pasuperct · 2010
2 sentences

2013At issue herein is impossibility pre-emption, the type of implied conflict pre-emption that arises when it is impossible to comply with both federal and state law. 4 Kiak, supra. As the Supreme Court recognized in Wyeth v. Levine, 555 U.S. 555, 573 , 129 S.Ct. 1187 , 173 L.Ed.2d 51 (2009), “impossibility pre-emption is a demanding defense.” Therein, the Supreme Court held that state claims based upon the failure to warn of the risk of gangrene from delivery of Phenergan via IV-push method were not pre-empted on such a theory because the name-brand manufacturer of the drug could have complied w

2013At issue herein is impossibility pre-emption, the type of implied conflict pre-emption that arises when it is impossible to comply with both federal and state law. 5 Kiak, supra. As the Supreme Court recognized in Wyeth v. Levine, 555 U.S. 555, 573 , 129 S.Ct. 1187 , 173 L.Ed.2d 51 (2009), “[i]mpossibility pre-emption is a demanding defense.” Therein, the Supreme Court held that state claims based upon the failure to warn of the risk of gangrene from delivery of Phenergan via IV-push method were not pre-empted on such a theory because the name-brand manufacturer of the drug could have complied

22013–2013
Illinois v. Gates green
scotus · 1983
2 sentences

1993We have held that probable cause means ‘a fair probability that contraband or evidence of a crime will be found,’ [Gates, 462 U.S., at 238 , 103 S.Ct. at 2332 ], and the level of suspicion required for a Terry stop is obviously less demanding than for probable cause.” Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less

1993We have held that probable cause means ‘a fair probability that contraband or evidence of a crime will be found,’ [Gates, 462 U.S., at 238 , 103 S.Ct. at 2332 ], and the level of suspicion required for a Terry stop is obviously less demanding than for probable cause.” Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less

21993–1993
Commonwealth v. Finley green
pa · 1988
2 sentences

2026That relationship ____________________________________________ 2 As addressed below, while counsel has satisfied the procedural requirements of Anders and Santiago, because the instant appeal arises from a denial of PCRA relief, she need only have satisfied the less demanding standard as set forth in Commonwealth v. Turner, 518 Pa. 491 , 544 A.2d 927 (Pa. 1998), and Commonwealth v. Finley, 379 Pa. Super. 390 , 550 A.2d 213 (Pa. Super. 1988).

2026That relationship ____________________________________________ 2 As addressed below, while counsel has satisfied the procedural requirements of Anders and Santiago, because the instant appeal arises from a denial of PCRA relief, she need only have satisfied the less demanding standard as set forth in Commonwealth v. Turner, 518 Pa. 491 , 544 A.2d 927 (Pa. 1998), and Commonwealth v. Finley, 379 Pa. Super. 390 , 550 A.2d 213 (Pa. Super. 1988).

12026–2026
Commonwealth v. Turner green
pa · 1988
2 sentences

2026That relationship ____________________________________________ 2 As addressed below, while counsel has satisfied the procedural requirements of Anders and Santiago, because the instant appeal arises from a denial of PCRA relief, she need only have satisfied the less demanding standard as set forth in Commonwealth v. Turner, 518 Pa. 491 , 544 A.2d 927 (Pa. 1998), and Commonwealth v. Finley, 379 Pa. Super. 390 , 550 A.2d 213 (Pa. Super. 1988).

2026That relationship ____________________________________________ 2 As addressed below, while counsel has satisfied the procedural requirements of Anders and Santiago, because the instant appeal arises from a denial of PCRA relief, she need only have satisfied the less demanding standard as set forth in Commonwealth v. Turner, 518 Pa. 491 , 544 A.2d 927 (Pa. 1998), and Commonwealth v. Finley, 379 Pa. Super. 390 , 550 A.2d 213 (Pa. Super. 1988).

12026–2026
City of L. A. v. Patel green
scotus · 2015
1 sentence

2025However, it nonetheless insists this demanding standard is satisfied here pursuant to City of Los Angeles v. Patel, 576 U.S. 409 (2015).

12025–2025
Hassett v. Dafoe green
pasuperct · 2013
1 sentence

2019We have previously discussed controlling decisional law characterizing impossibility pre-emption as “a demanding defense.” Hasset, 74 A.3d at 210 (quoting Wyeth, 129 S.Ct. at 1199 ).

12019–2019
COM. EX REL. BARNES v. Pennsylvania Department of Corrections green
pa · 2010
1 sentence

2018An investigative detention is justified where "a police officer [is] able to point to 'specific and articulable facts' leading him to suspect criminal activity is afoot." Commonwealth v. Brown , 606 Pa. 198 , 996 A.2d 473 , 477 (2010) (citations omitted).

12018–2018
Commonwealth v. Brown green
pa · 2010
1 sentence

2018An investigative detention is justified where "a police officer [is] able to point to 'specific and articulable facts' leading him to suspect criminal activity is afoot." Commonwealth v. Brown , 606 Pa. 198 , 996 A.2d 473 , 477 (2010) (citations omitted).

12018–2018
Boehm, R. v. Riversource Life Insurance green
pasuperct · 2015
1 sentence

2017Moreover, the preponderance of the evidence standard of proof, which is the standard usually applied to remedial legislation, is consistent with the UTPCPL's purpose of protecting the public from fraud and unfair or deceptive business practices. 8 Boehm, 117 A.3d at 322 .

12017–2017
Gertz v. Robert Welch, Inc. green
scotus · 1974
12015–2015
Hertzberg v. Zoning Board of Adjustment green
pa · 1998
12013–2013
Milne v. Crossett green
pa · 1998
12013–2013
Mitchell v. Zoning Hearing Board of the Borough of Mount Penn green
pacommwct · 2003
12013–2013
Commonwealth v. Jefferson green
pasuperct · 2004
12005–2005
Texas v. Johnson green
scotus · 1989
12002–2002
Pap's A.M. v. City of Erie green
pa · 1998
12002–2002
Katz v. United States green
scotus · 1967
11996–1996
Matter of Dandridge green
pa · 1975
11990–1990
Matter of Cunningham green
pa · 1988
11990–1990
Se-Ling Hosiery, Inc. v. Margulies green
pa · 1950
11986–1986
Commonwealth v. Mitchell green
pa · 1977
11986–1986
Commonwealth v. Ehredt green
pa · 1979
11986–1986
Tosto v. Pennsylvania Nursing Home Loan Agency green
pa · 1975
11978–1978
F. S. Royster Guano Co. v. Virginia green
scotus · 1920
11978–1978
Appeal of Diane B. green
pa · 1974
11978–1978
Moyer v. PHILLIPS, MD green
pa · 1975
11978–1978
Eisenstadt v. Baird green
scotus · 1972
11978–1978
Reed v. Reed green
scotus · 1971
11978–1978
Matter of Estate of Cavill green
pa · 1974
11978–1978
Stottlemyer v. Stottlemyer green
pa · 1974
11978–1978
Baltimore & OR Co. v. CMWLTH., D. OF L. & I. green
pa · 1975
11978–1978
In Re Adoption of R. I. green
pa · 1976
11976–1976

Statutes the citing opinions construe

CFR § 21c.f.r.314.70 (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

CA 118 (1975–2026) CT 118 (1970–2026) IL 110 (1960–2026) TX 91 (1976–2026) TN 78 (1978–2025) MD 69 (1975–2026) PA 66 (1976–2026) NY 64 (1961–2026) NJ 61 (1975–2026) IA 61 (1979–2026) OH 54 (1982–2025) MI 53 (1995–2026) WA 51 (1974–2025) IN 51 (1983–2025) FL 44 (1986–2025) NC 43 (1993–2026) KS 42 (1992–2026) DC 38 (1970–2024) CO 35 (1986–2026) AL 34 (1991–2026) OR 32 (1974–2025) MA 31 (1979–2025) DE 28 (1991–2025) LA 24 (1986–2025) WI 24 (1977–2024) NM 22 (1992–2022) VA 19 (1980–2015) MO 14 (1999–2021) MN 13 (1995–2024) GA 11 (1978–2026) NH 10 (1989–2021) ID 10 (1977–2022) MT 10 (1978–2025) AK 10 (1979–2026) KY 8 (1996–2025) WV 8 (1985–2025) SD 8 (1990–2021) VT 7 (2000–2020) HI 7 (1995–2008) WY 6 (2003–2019) NV 6 (2014–2017) AZ 6 (1999–2019) VI 5 (2005–2026) OK 5 (1980–2020) AR 4 (1979–2025) SC 4 (2001–2025) ME 4 (1973–2014) ND 3 (1980–2007) RI 2 (2005–2010) NE 2 (1992–2021)

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.

← Caselaw search · G Cite Topics · Brief Check