exigent circumstance exception (Pennsylvania) · Go Syfert
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exigent circumstance exception in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1984–2021 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.

Followed or applied (3)

CaseFollowedCited
Commonwealth v. Govensgreen
pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
1 sentence

2002See Govens, 632 A.2d at 1324 . ¶ 17 Because the plain view exception to the warrant requirement applies only when the police observe evidence from a place in which they are entitled to be, see Commonwealth v. Gutierrez, 750 A.2d 906, 910 (Pa.Super.2000), and the officers in this case were not, in my opinion, so entitled, the drug evidence discovered on the kitchen table should have been suppressed.

11
Commonwealth v. Gutierrezgreen
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
1 sentence

2002See Govens, 632 A.2d at 1324 . ¶ 17 Because the plain view exception to the warrant requirement applies only when the police observe evidence from a place in which they are entitled to be, see Commonwealth v. Gutierrez, 750 A.2d 906, 910 (Pa.Super.2000), and the officers in this case were not, in my opinion, so entitled, the drug evidence discovered on the kitchen table should have been suppressed.

11
State v. Penasgreen
neb · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994
2 sentences

1994See State v. Penas, 200 Neb. 387 , 263 N.W.2d 835 (1978); State v. Niedermeyer, 48 Or.App. 665 , 617 P.2d 911 (1980) cited in Welsh, 466 U.S. at 752 , 104 S.Ct. at 2098 .

1994See State v. Penas, 200 Neb. 387 , 263 N.W.2d 835 (1978); State v. Niedermeyer, 48 Or.App. 665 , 617 P.2d 911 (1980) cited in Welsh, 466 U.S. at 752 , 104 S.Ct. at 2098 .

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 (7)

CaseCitedYears
Kentucky v. King green
scotus · 2011
1 sentence

2021The United States Supreme Court granted certiorari to consider whether the exigent circumstance rule applies “when police, by knocking on the door of a residence and announcing their presence, cause the occupants to attempt to destroy evidence.” King, supra at 1854 .

12021–2021
Missouri v. McNeely green
scotus · 2013
1 sentence

2015Id. at 1558 .1 Specifically, the Court considered whether the natural dissipation of alcohol within the bloodstream created a per se exigency that would permit police officers to conduct warrantless blood draws, regardless of whether the suspected driver consented to the draw.

12015–2015
State v. Niedermeyer green
orctapp · 1980
2 sentences

1994See State v. Penas, 200 Neb. 387 , 263 N.W.2d 835 (1978); State v. Niedermeyer, 48 Or.App. 665 , 617 P.2d 911 (1980) cited in Welsh, 466 U.S. at 752 , 104 S.Ct. at 2098 .

1994See State v. Penas, 200 Neb. 387 , 263 N.W.2d 835 (1978); State v. Niedermeyer, 48 Or.App. 665 , 617 P.2d 911 (1980) cited in Welsh, 466 U.S. at 752 , 104 S.Ct. at 2098 .

11994–1994
Welsh v. Wisconsin green
scotus · 1984
2 sentences

1994See State v. Penas, 200 Neb. 387 , 263 N.W.2d 835 (1978); State v. Niedermeyer, 48 Or.App. 665 , 617 P.2d 911 (1980) cited in Welsh, 466 U.S. at 752 , 104 S.Ct. at 2098 .

1994See State v. Penas, 200 Neb. 387 , 263 N.W.2d 835 (1978); State v. Niedermeyer, 48 Or.App. 665 , 617 P.2d 911 (1980) cited in Welsh, 466 U.S. at 752 , 104 S.Ct. at 2098 .

11994–1994
Commonwealth v. Williams green
pasuperct · 1992
2 sentences

1993Id.; Commonwealth v. Williams, 411 Pa.Super. 586 , 602 A.2d 350 (1992).

1993Id.; Commonwealth v. Williams, 411 Pa.Super. 586 , 602 A.2d 350 (1992).

11993–1993
Commonwealth v. Conn green
pa · 1988
1 sentence

1992Id.

11992–1992
Commonwealth v. Norris green
pa · 1982
2 sentences

1984The limited application of the exigent circumstance doctrine was discussed by this Court in Commonwealth v. Norris, 498 Pa. 308 , 446 A.2d 246 (1982) which stated that this doctrine existed only in the following situations: "(1) when the officers may in good faith believe that they or someone within are in peril of bodily harm, (citation omitted); (2) when the officers have a basis for assuming that a suspect is ‘armed or might resist arrest’ (citation omitted); (3) when there is 'some affirmative indication to support a belief that evidence is being destroyed’ (citation omitted); (4) when the

1984The limited application of the exigent circumstance doctrine was discussed by this Court in Commonwealth v. Norris, 498 Pa. 308 , 446 A.2d 246 (1982) which stated that this doctrine existed only in the following situations: "(1) when the officers may in good faith believe that they or someone within are in peril of bodily harm, (citation omitted); (2) when the officers have a basis for assuming that a suspect is ‘armed or might resist arrest’ (citation omitted); (3) when there is 'some affirmative indication to support a belief that evidence is being destroyed’ (citation omitted); (4) when the

11984–1984

Where else courts name it

MI 8 (1982–2025) PA 7 (1984–2021) ID 7 (2001–2021) NJ 7 (1989–2022) TX 6 (2003–2016) GA 5 (1986–2013) TN 4 (1990–2019) FL 4 (1985–2016) IL 4 (2000–2007) MO 4 (1990–2023) LA 4 (2001–2020) VA 3 (2013–2025) WI 3 (1993–2023) AZ 3 (1989–1998) OH 3 (2000–2013) WA 3 (2006–2018) CA 3 (1991–2021) NY 2 (1992–2009) NM 2 (2010–2012)

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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