sensible rule (Pennsylvania) · Go Syfert
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sensible rule in Pennsylvania

9 Pennsylvania opinions name it 4 courts 1871–2018 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.

Followed or applied (4)

CaseFollowedCited
Wyoming v. Houghtongreen
scotus · 1999 · cited in 3 Pennsylvania opinions naming this issue, 2017–2018
2 sentences

2018Moreover, the officers were permitted to search the unlocked lockbox on the passenger seat of Byrd’s vehicle See Wyoming v. Houghton, 526 U.S. 295, 1303-1304 (1999) (“The sensible rule (and the one supported by history and case law) is that...a package [in the car] may be searched, whether or not its owner is present as a passenger or otherwise, because it ____________________________________________ 21 We note that in Gary, the police detected the smell of marijuana emanating from the defendant’s car, which the defendant acknowledged its presence.

2018Moreover, the officers were permitted to search the unlocked lockbox on the passenger seat of Byrd's vehicle See Wyoming v. Houghton , 526 U.S. 295 , 119 S.Ct. 1297 , 1303-1304, 143 L.Ed.2d 408 (1999) ("The sensible rule (and the one supported by history and case law) is that...a package [in the car] may be searched, whether or not its owner is present as a passenger or otherwise, because it may contain the contraband that the officer has reason to believe is in the car."); see also In re I.M.S. , 124 A.3d 311 (Pa. Super. 2015) (holding that Houghton applies in light of the Gary Court's bright

33
Ford v. Georgiagreen
scotus · 1991 · cited in 2 Pennsylvania opinions naming this issue, 2004–2011
2 sentences

2011See Ford v. Georgia, 498 U.S. 411 , 111 S.Ct. 850 , 112 L.Ed.2d 935 (1991) (stating in dictum that "[t]he requirement that any Batson claim be raised not only before trial, but in the period between the selection of the jurors and the administration of their oaths, is a sensible rule.").

2011See Ford v. Georgia, 498 U.S. 411 , 111 S.Ct. 850 , 112 L.Ed.2d 935 (1991) (stating in dictum that "[t]he requirement that any Batson claim be raised not only before trial, but in the period between the selection of the jurors and the administration of their oaths, is a sensible rule.").

12
In the Int. of: I.M.S., a Minorgreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Moreover, the officers were permitted to search the unlocked lockbox on the passenger seat of Byrd's vehicle See Wyoming v. Houghton , 526 U.S. 295 , 119 S.Ct. 1297 , 1303-1304, 143 L.Ed.2d 408 (1999) ("The sensible rule (and the one supported by history and case law) is that...a package [in the car] may be searched, whether or not its owner is present as a passenger or otherwise, because it may contain the contraband that the officer has reason to believe is in the car."); see also In re I.M.S. , 124 A.3d 311 (Pa. Super. 2015) (holding that Houghton applies in light of the Gary Court's bright

11
Commonwealth v. Runyangreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Moreover, the officers were permitted to search the unlocked lockbox on the passenger seat of Byrd's vehicle See Wyoming v. Houghton , 526 U.S. 295 , 119 S.Ct. 1297 , 1303-1304, 143 L.Ed.2d 408 (1999) ("The sensible rule (and the one supported by history and case law) is that...a package [in the car] may be searched, whether or not its owner is present as a passenger or otherwise, because it may contain the contraband that the officer has reason to believe is in the car."); see also In re I.M.S. , 124 A.3d 311 (Pa. Super. 2015) (holding that Houghton applies in light of the Gary Court's bright

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 (4)

CaseCitedYears
Nauman v. Treen Box Co. green
pa · 1924
2 sentences

1973By the civil law, however, — which we early followed on this particular subject (Kieffer v. Imhoff, supra) — a broader and more sensible rule obtains, for the test of a continuous easement is whether or not it is of a nature adapted to continuous use”: Nauman v. Treen Box Co., 280 Pa. 97 , 124 Atl. 349 (1924).

1973By the civil law, however, — which we early followed on this particular subject (Kieffer v. Imhoff, supra) — a broader and more sensible rule obtains, for the test of a continuous easement is whether or not it is of a nature adapted to continuous use”: Nauman v. Treen Box Co., 280 Pa. 97 , 124 Atl. 349 (1924).

11973–1973
Taylor v. United States green
dc · 1969
1 sentence

1971The District of Columbia Court of Appeals in Taylor v. United States, 259 A.2d 835 (1969), adopted the same point of view.

11971–1971
Kieffer v. Imhoff green
pa · 1856
1 sentence

1924By the civil law, however, — which we early followed on this particular subject (Kieffer v. Imhoff, supra) — a broader and more sensible rule obtains, for the test of a continuous easement is whether or not it is of á nature adapted to continuous use, and hence an ordinary right of way, such as a road, a path, or an alley, has been held to be continuous.

11924–1924
Thompson v. Lusk neutral
pa · 1833
1 sentence

1871This doctrine was approved in Thompson v. Lusk, 2 Watts 17 , in which Gibson, C.

11871–1871

Where else courts name it

CA 14 (1960–2021) MO 10 (1900–2024) WA 9 (1895–2019) PA 9 (1871–2018) IL 9 (1889–2021) NY 8 (1850–1996) NJ 7 (1985–2024) OK 6 (1929–2014) DC 5 (1993–2022) MI 5 (1882–2016) FL 5 (1973–1998) UT 4 (1938–2020) NC 4 (1914–2021) MA 4 (1993–2014) MT 4 (1923–2005) OH 4 (1968–2014) WI 3 (1960–2007) TX 3 (1965–2015) NE 3 (2001–2005) VA 3 (1927–2019) DE 3 (1961–2026) HI 2 (1995–2000) LA 2 (1954–1954) AL 2 (1974–2003) IA 2 (1923–1939) MN 2 (1900–1905) NH 2 (1875–1964) KY 2 (1835–1956) MD 2 (2000–2001) RI 2 (1933–2006)

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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