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9 Pennsylvania opinions name it 2 courts 1989–2024 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Sellgreen2 sentences2024When we adopted our automatic standing rule in Commonwealth v. Sell, 470 A.2d 457, 468 (Pa. 1983), we agreed with Justice Marshall’s dissent in United States v. Salvucci, 448 U.S. 83 (1980) (rejecting an automatic standing rule in federal courts), where he reasoned that a possessory charge “itself alleges a[ possessory] interest sufficient to support a Fourth Amendment claim” and that to hold otherwise allows the prosecution to take diametrically opposed positions during the prosecution of the same criminal offense. 2014In Commonwealth v. Sell, 470 A.2d 457 (Pa. 1983), the Pennsylvania Supreme Court declined to jettison the automatic standing rule in Pennsylvania. | 2 | 4 |
United States v. Salvuccigreen2 sentences2024When we adopted our automatic standing rule in Commonwealth v. Sell, 470 A.2d 457, 468 (Pa. 1983), we agreed with Justice Marshall’s dissent in United States v. Salvucci, 448 U.S. 83 (1980) (rejecting an automatic standing rule in federal courts), where he reasoned that a possessory charge “itself alleges a[ possessory] interest sufficient to support a Fourth Amendment claim” and that to hold otherwise allows the prosecution to take diametrically opposed positions during the prosecution of the same criminal offense. 2014Three years before Sell , the U.S. Supreme Court had abandoned the doctrine of automatic standing, see United States v. Salvucci, 448 U.S. 83, 85 , 100 S.Ct. 2547 , 65 L.Ed.2d 619 (1980), requiring instead that a defendant seeking to challenge the admissibility of evidence under the Fourth Amendment show a legitimate expectation of privacy in the searched area as a predicate to establishing standing. | 1 | 4 |
Commonwealth v. Ionatagreen2 sentences1995Commonwealth v. Ionata, 518 Pa. 472, 479 , 544 A.2d 917, 920-921 (1988). [1] In Sell , this Court declined to abrogate the doctrine of automatic standing as the United States Supreme Court had done in United States v. Salvucci, 448 U.S. 83 , 100 S.Ct. 2547 , 65 L.Ed.2d 619 (1978). 1995Commonwealth v. Ionata, 518 Pa. 472, 479 , 544 A.2d 917, 920-921 (1988). [1] In Sell , this Court declined to abrogate the doctrine of automatic standing as the United States Supreme Court had done in United States v. Salvucci, 448 U.S. 83 , 100 S.Ct. 2547 , 65 L.Ed.2d 619 (1978). | 1 | 1 |
Commonwealth v. Cihylikgreen2 sentences1991The Court reasoned: It is well-established that “no one has [] standing to complain of a search and seizure of property that he has voluntarily abandoned.” Commonwealth v. Shoatz, 469 Pa. 545, 553 , 366 A.2d 1216, 1220 (1976); Commonwealth v. Cihylik, 337 Pa.Super. 221, 226-28 , 486 A.2d 987, 990 (1985). 1991The Court reasoned: It is well-established that “no one has [] standing to complain of a search and seizure of property that he has voluntarily abandoned.” Commonwealth v. Shoatz, 469 Pa. 545, 553 , 366 A.2d 1216, 1220 (1976); Commonwealth v. Cihylik, 337 Pa.Super. 221, 226-28 , 486 A.2d 987, 990 (1985). | 1 | 1 |
Commonwealth v. Shoatzgreen2 sentences1991The Court reasoned: It is well-established that “no one has [] standing to complain of a search and seizure of property that he has voluntarily abandoned.” Commonwealth v. Shoatz, 469 Pa. 545, 553 , 366 A.2d 1216, 1220 (1976); Commonwealth v. Cihylik, 337 Pa.Super. 221, 226-28 , 486 A.2d 987, 990 (1985). 1991The Court reasoned: It is well-established that “no one has [] standing to complain of a search and seizure of property that he has voluntarily abandoned.” Commonwealth v. Shoatz, 469 Pa. 545, 553 , 366 A.2d 1216, 1220 (1976); Commonwealth v. Cihylik, 337 Pa.Super. 221, 226-28 , 486 A.2d 987, 990 (1985). | 1 | 1 |
Commonwealth v. Peterkingreen2 sentences1989Commonwealth v. Peterkin, 511 Pa. 299, 309-310 , 513 A.2d 373, 378 (1986), cert. denied, 479 U.S. 1070 , 107 S.Ct. 962 , 93 L.Ed.2d 1010 (1987). 1989Commonwealth v. Peterkin, 511 Pa. 299, 309-310 , 513 A.2d 373, 378 (1986), cert. denied, 479 U.S. 1070 , 107 S.Ct. 962 , 93 L.Ed.2d 1010 (1987). | 1 | 1 |
Commonwealth v. DeJohngreen2 sentences1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rakas v. Illinois
green
2 sentences2014The same day Salvucci was filed, the High Court released its decision in Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556 , 65 L.Ed.2d 633 (1980), where it refined the standard articulated in Rakas v. Illinois, 439 U.S. 128 , 99 5.Ct. 421, 58 L.Ed.2d 387 (1978), and merged the requirement of standing, which it defined as the “reasonable expectation of privacy,” into the merits of a Fourth Amendment claim, see id., at 139 , 99 S.Ct. 421 (“[W]e think the better analysis forthrightly focuses on the extent of a particular defendant’s rights under the Fourth Amendment, rather than on any theoreti 2014It then engaged in a discussion and criticism of Rakas, supra. The Rakas decision had eliminated a part of the automatic standing rule for Fourth Amendment purposes. | 3 | 2000–2014 |
Rawlings v. Kentucky
green
2 sentences2014The same day Salvucci was filed, the High Court released its decision in Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556 , 65 L.Ed.2d 633 (1980), where it refined the standard articulated in Rakas v. Illinois, 439 U.S. 128 , 99 5.Ct. 421, 58 L.Ed.2d 387 (1978), and merged the requirement of standing, which it defined as the “reasonable expectation of privacy,” into the merits of a Fourth Amendment claim, see id., at 139 , 99 S.Ct. 421 (“[W]e think the better analysis forthrightly focuses on the extent of a particular defendant’s rights under the Fourth Amendment, rather than on any theoreti 2014The same day Salvucci was filed, the High Court released its decision in Rawlings v. Kentucky, 448 U.S. 98 , 100 S.Ct. 2556 , 65 L.Ed.2d 633 (1980), where it refined the standard articulated in Rakas v. Illinois, 439 U.S. 128 , 99 5.Ct. 421, 58 L.Ed.2d 387 (1978), and merged the requirement of standing, which it defined as the “reasonable expectation of privacy,” into the merits of a Fourth Amendment claim, see id., at 139 , 99 S.Ct. 421 (“[W]e think the better analysis forthrightly focuses on the extent of a particular defendant’s rights under the Fourth Amendment, rather than on any theoreti | 1 | 2014–2014 |
Jones v. United States
red
2 sentences2000In Sell, supra, our supreme court reaffirmed the automatic standing rule as enunciated by the U.S. Supreme Court in Jones v. United States, 362 U.S. 257 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960). 2000In Sell, supra, our supreme court reaffirmed the automatic standing rule as enunciated by the U.S. Supreme Court in Jones v. United States, 362 U.S. 257 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960). | 1 | 2000–2000 |
Commonwealth v. Rodriquez
green
2 sentences1991In Commonwealth v. Rodriquez, 385 Pa.Super. 1 , 559 A.2d 947 (1989), the Superior Court held that after a defendant had abandoned property, the automatic standing rule of Sell was no longer applicable to such property. 1991In Commonwealth v. Rodriquez, 385 Pa.Super. 1 , 559 A.2d 947 (1989), the Superior Court held that after a defendant had abandoned property, the automatic standing rule of Sell was no longer applicable to such property. | 1 | 1991–1991 |
Commonwealth v. Beauford
green
2 sentences1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 | 1 | 1989–1989 |
Vagle v. Pickands Mather & Co.
green
1 sentence1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 | 1 | 1989–1989 |
State Farm Fire & Casualty Co. v. Hime
green
1 sentence1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 | 1 | 1989–1989 |
Natural Resources Defense Council, Inc. v. Long Island Lighting Co.
green
1 sentence1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 | 1 | 1989–1989 |
Commonwealth v. Beauford
green
2 sentences1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 1989See, e.g., Commonwealth v. Sell, 504 Pa. 46 , 470 A.2d 457 (1983) (disapproving the Supreme Court’s abrogation of the automatic standing rule, and holding that the concept of automatic standing is still viable in Pennsyl *499 vania) 3 ; Commonwealth v. DeJohn, 486 Pa. 32, 49 , 403 A.2d 1283, 1289 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) (disapproving Supreme Court’s determination that depositor had no legitimate expectation of privacy in bank records, and holding to the contrary under Pennsylvania Constitution); Commonwealth v. Beauford, 327 Pa.Super. 253 , 4 | 1 | 1989–1989 |
Mead Data Central, Inc. v. West Publishing Co.
green
2 sentences1989Commonwealth v. Peterkin, 511 Pa. 299, 309-310 , 513 A.2d 373, 378 (1986), cert. denied, 479 U.S. 1070 , 107 S.Ct. 962 , 93 L.Ed.2d 1010 (1987). 1989Commonwealth v. Peterkin, 511 Pa. 299, 309-310 , 513 A.2d 373, 378 (1986), cert. denied, 479 U.S. 1070 , 107 S.Ct. 962 , 93 L.Ed.2d 1010 (1987). | 1 | 1989–1989 |
LaBranche v. United States Olympic Committee
green
1 sentence1989Commonwealth v. Peterkin, 511 Pa. 299, 309-310 , 513 A.2d 373, 378 (1986), cert. denied, 479 U.S. 1070 , 107 S.Ct. 962 , 93 L.Ed.2d 1010 (1987). | 1 | 1989–1989 |
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.