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7 Pennsylvania opinions name it 2 courts 1989–2026 2 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. Eichlergreen1 sentence2026The Commonwealth has charged [Dougan] with two [] counts of DUI under section 3802(a)(1) and one [] count under section 3802(c) of the [] Vehicle Code. [The] Superior Court has acknowledged that the two [] hour limit for testing is not applicable to a charge of general impairment under section 3802(a)(1). [See Commonwealth v. Eichler, 133 A.3d 775, at 787 (Pa. Super. 2016)]. | 1 | 1 |
Commonwealth v. Ennelsgreen1 sentence2021The trial court granted suppression, the Commonwealth appealed, this Court remanded for a factual determination, the trial court again granted suppression, the Commonwealth again appealed, and this Court affirmed the suppression order based upon, inter alia, Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), and Commonwealth v. Ennels, 167 A.3d 716, 724 (Pa.Super. 2017) (holding that consent for a blood draw is involuntary under Birchfield if it follows threatened enhanced punishment for refusal to consent). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Birchfield v. N. Dakota. William Robert Bernard
green
2 sentences2017On September 23, 2016, Appellant also filed a motion to suppress the results of his blood test and claimed that he was entitled to relief under the United States Supreme Court’s recent opinion in Birchfield v. North Dakota, — U.S. -, 136 S.Ct. 2160 , 195 L.Ed.2d 560 (2016). 2017On September 23, 2016, Appellant also filed a motion to suppress the results of his blood test and claimed that he was entitled to relief under the United States Supreme Court’s recent opinion in Birchfield v. North Dakota, — U.S. -, 136 S.Ct. 2160 , 195 L.Ed.2d 560 (2016). | 3 | 2017–2021 |
Missouri v. McNeely
green
2 sentences2016Following McNeely’s arrest, McNeely filed a suppression motion and claimed that the results of his blood test must be suppressed because “under the circumstances, taking his blood for chemical testing without first obtaining a search warrant violated his rights under the Fourth Amendment.” Id. ___ U.S. at ___, 133 S.Ct. at 1557 . 2016Following McNeely’s arrest, McNeely filed a suppression motion and claimed that the results of his blood test must be suppressed because “under the circumstances, taking his blood for chemical testing without first obtaining a search warrant violated his rights under the Fourth Amendment.” Id. ___ U.S. at ___, 133 S.Ct. at 1557 . | 2 | 2015–2016 |
Miranda v. Arizona
green
1 sentence2017In his Motion, Wright asserted that he was coerced into submitting to the blood test under the threat of enhanced penalties, in violation of the 3 See Miranda v. Arizona, 384 U.S. 436 (1966). -2- J-S52013-17 United States Supreme Court’s decision in Birchfield v. North Dakota, ___ U.S. ___, 136 S. Ct. 2160 , 195 L. | 1 | 2017–2017 |
Com., Dept. of Transp. v. McFarren
green
2 sentences1989On appeal, the appellant, citing Com., Dept. of Transp. v. McFarren, 514 Pa. 411 , 525 A.2d 1185 (1987), alleges that the lower court erred by not suppressing the results of his blood test which was performed after he had already submitted to a pre-arrest breath test. 1989On appeal, the appellant, citing Com., Dept. of Transp. v. McFarren, 514 Pa. 411 , 525 A.2d 1185 (1987), alleges that the lower court erred by not suppressing the results of his blood test which was performed after he had already submitted to a pre-arrest breath test. | 1 | 1989–1989 |
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.