9 Pennsylvania opinions name it 2 courts 2006–2018 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Evansgreen2 sentences2018As such, Trooper Marshall was unaware of the high court’s decision and had no reason to consider the necessity of a search warrant to obtain a blood draw, or that paragraph 4 of the DL-26 form was a violation of the Fourth Amendment. -4- J-A02037-18 In Commonwealth v. Evans, 153 A.3d 323, 331 (Pa. Super. 2016), this Court applied the Birchfield decision to Pennsylvania’s applicable statutory scheme, which, at that time, enhanced criminal penalties for a person convicted of a DUI, if that person had refused to submit to a blood test. 2018See Commonwealth v. Evans, 153 A.3d 323, 331 (Pa.Super. 2016) (“Since Birchfield held that a state may not ‘impose criminal penalties on the refusal to submit to [a warrantless blood] test,’ the police officer’s advisory to [a]ppellant [that refusal to submit to the test could subject appellant to more severe penalties set forth in 75 Pa.C.S. § 3804(c)] was partially inaccurate.”). | 5 | 5 |
Martinovic v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2006See also Martinovic v. Department of Transportation, Bureau of Driver Licensing, 881 A.2d 30 (Pa.Cmwlth.2005) (holding that an officer's sole duty is to inform a licensee of the consequences of refusing to submit to a chemical test, that this duty is satisfied once the officer reads the DL-26 Form warnings and that officers have no duty to make sure that a licensee understands the consequences of refusing a chemical test). 2006See also Martinovic v. Department of Transportation, Bureau of Driver Licensing, 881 A.2d 30 (Pa.Cmwlth.2005) (holding that an officer's sole duty is to inform a licensee of the consequences of refusing to submit to a chemical test, that this duty is satisfied once the officer reads the DL-26 Form warnings and that officers have no duty to make sure that a licensee understands the consequences of refusing a chemical test). | 3 | 3 |
McKenna v. Commonwealthgreen1 sentence2016See, e.g., McKenna, 72 A.3d at 300-01 (stating that officer has no duty to answer licensee’s questions or ensure that licensee fully comprehends warnings); Martinovic v. Department of Transportation, Bureau of Driver Licensing, 881 A.2d 30, 35 (Pa. Cmwlth. 2005) (“An officer’s sole duty is to inform motorists of the implied consent warnings; once they have done so, they have satisfied their obligation.”) (emphasis in original). | 1 | 1 |
COM., DEPT. OF TRANSP. v. Hoovergreen2 sentences2009The operation of a motor vehicle in Pennsylvania "is a privilege subject to such conditions as the legislature may see fit to impose, ...." Dep't of Transp., Bureau of Driver Licensing v. Hoover, 147 Pa.Cmwlth. 70 , 606 A.2d 1264, 1266 (1992) (Palladino, J., dissenting). 2009The operation of a motor vehicle in Pennsylvania "is a privilege subject to such conditions as the legislature may see fit to impose, ...." Dep't of Transp., Bureau of Driver Licensing v. Hoover, 147 Pa.Cmwlth. 70 , 606 A.2d 1264, 1266 (1992) (Palladino, J., dissenting). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Woods v. Commonwealth
neutral
1 sentence2016Licensee cites Sfida v. Department of Transportation, Bureau of Driver Licensing, 877 A.2d 537 (Pa. Cmwlth. 2005), and Woods v. Department of Transportation, Bureau of Traffic Safety, 541 A.2d 846 (Pa. Cmwlth. 1988), as supporting his argument that an arrest had not been effectuated. | 1 | 2016–2016 |
Sfida v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
neutral
1 sentence2016Licensee cites Sfida v. Department of Transportation, Bureau of Driver Licensing, 877 A.2d 537 (Pa. Cmwlth. 2005), and Woods v. Department of Transportation, Bureau of Traffic Safety, 541 A.2d 846 (Pa. Cmwlth. 1988), as supporting his argument that an arrest had not been effectuated. | 1 | 2016–2016 |
Com., Dept. of Transp. v. Renwick
green
2 sentences2006Id. [5] According to Licensee, there is no discrepancy in the testimony regarding the distraction caused to Licensee by the other person in the room while Officer Sweisfurth was relaying the DL-26 Form warnings. 2006Id. [5] According to Licensee, there is no discrepancy in the testimony regarding the distraction caused to Licensee by the other person in the room while Officer Sweisfurth was relaying the DL-26 Form warnings. | 1 | 2006–2006 |
McCamey v. Commonwealth
green
2 sentences2006To support his argument that these circumstances denied him a meaningful opportunity to comply with the statute, Licensee relies on McCamey v. Commonwealth, 144 Pa.Cmwlth. 292 , 601 A.2d 471 (1991), appeal denied, 532 Pa. 647 , 614 A.2d 1144 (1992), for the proposition that the Commonwealth has a duty to ensure that the implied consent warnings are administered in such a manner that they are readily understood by the licensee. *641 Licensee maintains that, because Officers Sweisfurth and Falgiatore failed to ensure that he understood the DL-26 Form warnings, they did not satisfy this duty. 2006To support his argument that these circumstances denied him a meaningful opportunity to comply with the statute, Licensee relies on McCamey v. Commonwealth, 144 Pa.Cmwlth. 292 , 601 A.2d 471 (1991), appeal denied, 532 Pa. 647 , 614 A.2d 1144 (1992), for the proposition that the Commonwealth has a duty to ensure that the implied consent warnings are administered in such a manner that they are readily understood by the licensee. *641 Licensee maintains that, because Officers Sweisfurth and Falgiatore failed to ensure that he understood the DL-26 Form warnings, they did not satisfy this duty. | 1 | 2006–2006 |
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.