Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 Pennsylvania opinions name it 3 courts 1974–2025 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. Gibsongreen2 sentences1999See Commonwealth v. Gibson, 536 Pa. 123 , 638 A.2d 203, 207 (1994) ("the subject of the search must be made aware of his rights against a warrantless search for a waiver to be intelligent"). [2] By holding that Appellant's consent in the instant case was valid merely because "there is no evidence that the officer exerted any pressure upon Appellant to submit to the search or exerted any force," the majority, I fear, ignores the practical impact that a police officer's request for consent to search has on the average citizen. 1999See Commonwealth v. Gibson, 536 Pa. 123 , 638 A.2d 203, 207 (1994) ("the subject of the search must be made aware of his rights against a warrantless search for a waiver to be intelligent"). [2] By holding that Appellant's consent in the instant case was valid merely because "there is no evidence that the officer exerted any pressure upon Appellant to submit to the search or exerted any force," the majority, I fear, ignores the practical impact that a police officer's request for consent to search has on the average citizen. | 2 | 4 |
Wong Sun v. United Statesgreen2 sentences1974As the Supreme Court of the United States stated in Wong Sun v. United States, 371 U.S. 471, 484-485 (1963): "In order to make effective the fundamental constitutional guarantees of sanctity of the home and inviolability of the person, . . . this Court held nearly half a century ago that evidence seized during an unlawful search could not constitute proof against the victim of the search. . . . 1974As the Supreme Court of the United States stated in Wong Sun v. United States, 371 U.S. 471, 484-485 (1963): “In order to make effective the fundamental constitutional guarantees of sanctity of the home and inviolability of the person, . . . this Court held nearly half a century ago that evidence seized during an unlawful search could not constitute proof against the victim of the search. . . . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Blalock
green
2 sentences1999Id. 1994Id. | 2 | 1994–1999 |
Commonwealth v. Edmunds
green
1 sentence2025Our Supreme Court has held that this is sufficient for preserving a constitutional departure claim. -3- J-S47041-24 See Commonwealth v. Alexander, 243 A.3d 177 , 193 n.8 (Pa. 2020) (holding Alexander “sufficiently preserved” his constitutional departure issue where “[t]he motion to suppress used a pre-printed check box form” challenging a warrantless search and defense counsel argued at the suppression hearing that his motion was “based on [enumerated federal constitutional provisions] and the broader protections of Pennsylvania Constitution, Article One Section Eight”).3 The Majority faults R | 1 | 2025–2025 |
Commonwealth v. Giron
green
1 sentence2018It was on January 31, 2017 [a couple of weeks after Johnson's arrest], when [ Commonwealth v. Giron , 155 A.3d 635 (Pa. Super. 2017) ], was decided that the Superior Court declared 3804(c) unconstitutional. [Johnson] is expected and assumed to know the law of this Commonwealth, including the criminal penalties if she refused the blood-draw. | 1 | 2018–2018 |
Schneckloth v. Bustamonte
green
2 sentences1997The rule for consent as articulated by our supreme court in Gibson seems to be at odds with the Fourth Amendment rule set forth by the United States Supreme Court in Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973). 1997The rule for consent as articulated by our supreme court in Gibson seems to be at odds with the Fourth Amendment rule set forth by the United States Supreme Court in Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973). | 1 | 1997–1997 |
Commonwealth v. Lowery
green
1 sentence1995Id. | 1 | 1995–1995 |
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.