police officer hearing (Pennsylvania) · Go Syfert
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police officer hearing in Pennsylvania

7 Pennsylvania opinions name it 5 courts 1984–2023 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
Patterson v. Commonwealthgreen
pacommwct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020An out-of-court statement can be admissible to establish “the state of mind of the police officer hearing the statement or explaining the reason for the conduct of the police officer in response to hearing this statement.” Patterson v. Commonwealth, 587 A.2d 897, 901 (Pa. Cmwlth. 1991).

11
Commonwealth v. Washingtongreen
pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Commonwealth v. McCoy, 154 A.3d 813, 819 (Pa. Super. 2017); Commonwealth v. Washington, 51 A.3d 895, 898 (Pa. Super. 2012) (“[N]ervous, evasive behavior and headlong flight all provoke suspicion of criminal behavior in the context of response to police presence.”).

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

2017Commonwealth v. McCoy, 154 A.3d 813, 819 (Pa. Super. 2017); Commonwealth v. Washington, 51 A.3d 895, 898 (Pa. Super. 2012) (“[N]ervous, evasive behavior and headlong flight all provoke suspicion of criminal behavior in the context of response to police presence.”).

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 (6)

CaseCitedYears
Commonwealth v. Bryant green
pasuperct · 2005
1 sentence

2023In Bryant, the Superior Court explained, an officer likewise did not personally observe a suspected, recent shooting, but the “totality of the circumstances (being in a high-crime area, the police officer hearing gunshots and seeing three men running from the area where [the officer] believed the gunshots originated) justified a Terry stop.” Id.

12023–2023
Gilotty v. Township of Moon green
pacommwct · 2004
1 sentence

2004Colyer v. Pennsylvania State Police, 165 Pa.Cmwlth. 41 , 644 A.2d 230 (1994). .Additionally, we note that section 1(a) of the Heart and Lung Act does not grant a police officer the presumption that an injury occurred in the "performance of his duties.” See Gilotty v. Township of Moon, 846 A.2d 195 (Pa.Cmwlth.2004) (comparing sections 1(a) and 1(b) of the Heart and Lung Act, 53 P.S. § 637(a) and 53 P.S. § 637(b), respectively, and refusing to draft a presumption in favor of the employee into 53 P.S. § 637(a) similar to that existing in 53 P.S. § 637(b)).

12004–2004
Colyer v. Pennsylvania State Police green
pacommwct · 1994
2 sentences

2004Colyer v. Pennsylvania State Police, 165 Pa.Cmwlth. 41 , 644 A.2d 230 (1994). .Additionally, we note that section 1(a) of the Heart and Lung Act does not grant a police officer the presumption that an injury occurred in the "performance of his duties.” See Gilotty v. Township of Moon, 846 A.2d 195 (Pa.Cmwlth.2004) (comparing sections 1(a) and 1(b) of the Heart and Lung Act, 53 P.S. § 637(a) and 53 P.S. § 637(b), respectively, and refusing to draft a presumption in favor of the employee into 53 P.S. § 637(a) similar to that existing in 53 P.S. § 637(b)).

2004Colyer v. Pennsylvania State Police, 165 Pa.Cmwlth. 41 , 644 A.2d 230 (1994). .Additionally, we note that section 1(a) of the Heart and Lung Act does not grant a police officer the presumption that an injury occurred in the "performance of his duties.” See Gilotty v. Township of Moon, 846 A.2d 195 (Pa.Cmwlth.2004) (comparing sections 1(a) and 1(b) of the Heart and Lung Act, 53 P.S. § 637(a) and 53 P.S. § 637(b), respectively, and refusing to draft a presumption in favor of the employee into 53 P.S. § 637(a) similar to that existing in 53 P.S. § 637(b)).

12004–2004
Menosky v. Commonwealth green
pacommwct · 1988
1 sentence

1991Menosky v. Commonwealth, 121 Pa.Commonwealth Ct. 464, 550 A.2d 1372 (1988).

11991–1991
Commonwealth v. Haines neutral
pasuperct · 1941
2 sentences

1991Rep.] 81 (1952).” In defining the terms malfeasance, misfeasance and nonfeasance in office for purposes of prosecution of a police officer for violation of those common law offenses, the court in Commonwealth v. Haines, 147 Pa. Super. 165 , 24 A.2d 85 (1942), stated as follows: “The defendant, as a detective, was required to investigate any and all complaints of violation of the criminal law occurring in Upper Darby Township.

1991Rep.] 81 (1952).” In defining the terms malfeasance, misfeasance and nonfeasance in office for purposes of prosecution of a police officer for violation of those common law offenses, the court in Commonwealth v. Haines, 147 Pa. Super. 165 , 24 A.2d 85 (1942), stated as follows: “The defendant, as a detective, was required to investigate any and all complaints of violation of the criminal law occurring in Upper Darby Township.

11991–1991
Commonwealth v. Hawkins green
pasuperct · 1982
2 sentences

1984Commonwealth v. Hawkins, 439 A.2d 748 supra. Defendant contends that the offense was discovered on June 11, 1982, when the confidential informant told the police officer that the claim for the truck was fraudulent; thus, the one year expired on June 12, 1983, more than three months prior to commencement of the prosecution on September 26, 1983.

1984In Commonwealth v. Hawkins, 439 A. 2d 748 , the Superior Court dealt with this issue as follows at 750: “We are now faced with defining the term ‘discovery of the offense”, as set forth in 18 Pa.C.S. § 108(c)(1).

11984–1984

Where else courts name it

OH 32 (1964–2026) CT 13 (1983–2017) CA 10 (1981–2025) NY 9 (1934–2002) MI 8 (1988–2026) PA 7 (1984–2023) OR 6 (1982–2020) TX 6 (1985–2024) IL 6 (1977–2012) GA 5 (1995–2016) WA 5 (1982–2010) IN 4 (1972–1994) VA 4 (1981–2002) NC 3 (1973–1991) NJ 3 (1995–2026) FL 3 (1982–2012) DC 3 (1975–2008) MO 2 (1984–1985) KS 2 (2009–2010) MA 2 (1974–1993) WV 2 (1988–2017) MN 2 (1989–2025) MD 2 (2003–2011) HI 2 (2010–2017) CO 2 (1980–2025)

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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