7 Pennsylvania opinions name it 3 courts 1987–2024 3 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. Conwaygreen2 sentences2024See Commonwealth v. Conway, 534 A.2d 541 , 542 n.1 (Pa. Super. 1987). -2- J-S34041-23 laned for traffic, and found him not guilty of the remaining offense. 2023See Commonwealth v. Conway, 534 A.2d 541 , 542 n.1 (Pa. Super. 1987). -2- J-S34041-23 found him not guilty of the remaining offense. | 2 | 2 |
Commonwealth v. Weavergreen1 sentence2016See Commonwealth v. Weaver, 76 A.3d 562, 568 (Pa.Super. 2013) (police had probable cause to arrest for driving under the influence of a narcotic where an identified concerned citizen reported that appellant’s car was weaving and crossing into the oncoming lane of traffic; trooper followed Appellant and initiated a stop after he observed erratic driving; appellant appeared sluggish and was slow to respond to commands; appellant had an injured leg and could not perform the other field sobriety tests so trooper twice administered the horizontal gaze nystagmus test, which revealed that appellant’s | 1 | 1 |
Commonwealth v. Speightsgreen2 sentences1987Commonwealth v. Speights, 353 Pa.Super. 258, 262 , 509 A.2d 1263, 1265 (1986). 1987Commonwealth v. Speights, 353 Pa.Super. 258, 262 , 509 A.2d 1263, 1265 (1986). | 1 | 1 |
Schmerber v. Californiagreen2 sentences1987See Schmerber v. California, 384 U.S. 757, 763-64 , 86 S.Ct. 1826, 1831-32 , 16 L.Ed.2d 908 (1966) (courts have usually held that the protection of the privilege does not extend to compulsory fingerprinting, photographs, measurements, writing or speaking for identification, appearing in court, assuming a particular stance, walking or making a particular gesture because the privilege is not violated by compulsion which makes a suspect the source of physical evidence). [4] For instance, after the officer administered the horizontal gaze nystagmus test, Mr. Conway asked, "Did I pass?" N.T., Septe 1987See Schmerber v. California, 384 U.S. 757, 763-64 , 86 S.Ct. 1826, 1831-32 , 16 L.Ed.2d 908 (1966) (courts have usually held that the protection of the privilege does not extend to compulsory fingerprinting, photographs, measurements, writing or speaking for identification, appearing in court, assuming a particular stance, walking or making a particular gesture because the privilege is not violated by compulsion which makes a suspect the source of physical evidence). [4] For instance, after the officer administered the horizontal gaze nystagmus test, Mr. Conway asked, "Did I pass?" N.T., Septe | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Banner v. COM., DEPT. OF TRANSP.
green
1 sentence2021Banner v. Department of Transportation, Bureau of Driver Licensing, 737 A.2d 1203 (Pa. 1999). 3 “The horizontal gaze nystagmus test is a standard test used by police officers to determine whether a subject is intoxicated. | 1 | 2021–2021 |
Commonwealth v. Gause
green
2 sentences2020Commonwealth v. Gause, 164 A.3d 532 , 535 n.5 (Pa. Super. 2017). - 11 - J-S73001-19 Q. 2020Commonwealth v. Gause, 164 A.3d 532 , 535 n.5 (Pa. Super. 2017). - 11 - J-S73001-19 Q. | 1 | 2020–2020 |
Commonwealth v. Apollo
green
2 sentences1993Later, in Commonwealth v. Apollo, 412 Pa.Super. 453 , 603 A.2d 1023 (1992), allocatur denied, 531 Pa. 650 , 613 A.2d 556 (1992), the Court held that the trial court had not abused its discretion where, despite testimony of a behavioral optometrist, it concluded from other evidence that the reliability of the horizontal gaze nystagmus test was not a settled proposition within the scientific community and ruled the evidence inadmissible. 1993Later, in Commonwealth v. Apollo, 412 Pa.Super. 453 , 603 A.2d 1023 (1992), allocatur denied, 531 Pa. 650 , 613 A.2d 556 (1992), the Court held that the trial court had not abused its discretion where, despite testimony of a behavioral optometrist, it concluded from other evidence that the reliability of the horizontal gaze nystagmus test was not a settled proposition within the scientific community and ruled the evidence inadmissible. | 1 | 1993–1993 |
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.
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.