focal point inquiry in Pennsylvania

50 Pennsylvania opinions name it 3 courts 1990–2026 9 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 (18)

Case	Followed	Cited
Commonwealth v. Reppertgreen pasuperct · 2002 · cited in 23 Pennsylvania opinions naming this issue, 2003–2026 2 sentences 2024“Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable person[,] innocent of any crime, would have thought he was being restrained had he been in the defendant’s shoes.” Id. at 1202 (quotation marks, citations, and brackets omitted). 2018Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable person innocent of any crime, would have thought he was being restrained had he been in the defendant’s shoes. -4- J-S74042-17 Commonwealth v. Reppert, 814 A.2d 1196 , 1201–1202 (Pa. Super. 2002) (citations omitted).	12	23
Commonwealth v. Collinsgreen pasuperct · 2008 · cited in 12 Pennsylvania opinions naming this issue, 2014–2021 2 sentences 2021Commonwealth v. Collins, 950 A.2d 1041, 1046-47 (Pa. Super. 2008) (en banc) (citation omitted). 2018Commonwealth v. Collins, 950 A.2d 1041 , 1046–47 (Pa. Super. 2008) (en banc) (citation omitted) (holding that interaction between the petitioner and police was a mere encounter where the petitioner was approached in his parked car, in a public parking lot, by an officer with his police vehicle headlights activated).	10	12
Commonwealth v. Jonesgreen pa · 1977 · cited in 3 Pennsylvania opinions naming this issue, 2000–2013 2 sentences 2013“Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable [person] innocent of any crime, would have thought he was being restrained had he been in the defendant’s shoes.” Reppert, 814 A.2d at 1201 -02 (quoting Commonwealth v. Beasley, 761 A.2d 621, 625 (2000) (citing Matos, 543 Pa. at 457 , 672 A.2d at 773 (citing Commonwealth v. Jones, 474 Pa. 364, 373 , 378 A.2d 835, 840 (1977)))). 2013“Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable [person] innocent of any crime, would have thought he was being restrained had he been in the defendant’s shoes.” Reppert, 814 A.2d at 1201 -02 (quoting Commonwealth v. Beasley, 761 A.2d 621, 625 (2000) (citing Matos, 543 Pa. at 457 , 672 A.2d at 773 (citing Commonwealth v. Jones, 474 Pa. 364, 373 , 378 A.2d 835, 840 (1977)))).	3	3
Commonwealth v. Beasleygreen pasuperct · 2000 · cited in 3 Pennsylvania opinions naming this issue, 2002–2017 2 sentences 2013“Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable [person] innocent of any crime, would have thought he was being restrained had he been in the defendant’s shoes.” Reppert, 814 A.2d at 1201 -02 (quoting Commonwealth v. Beasley, 761 A.2d 621, 625 (2000) (citing Matos, 543 Pa. at 457 , 672 A.2d at 773 (citing Commonwealth v. Jones, 474 Pa. 364, 373 , 378 A.2d 835, 840 (1977)))). 2002“Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable [person] innocent of any crime, wpuld have thought he was being restrained had he been in the defendant’s shoes.” Beasley, 761 A.2d at 625 (citing Commonwealth v. Matos, 543 Pa. 449 , 672 A.2d 769, 773 (1996) (quoting Commonwealth v. Jones, 474 Pa. 364 , 378 A.2d 835, 840 (1977))). ¶ 10 On multiple occasions, our Courts have applied this standard in the context of motor vehicle stops during which police have ordered a motorist or his passengers to disembark.	2	3
Commonwealth v. Matosgreen pa · 1996 · cited in 3 Pennsylvania opinions naming this issue, 2000–2013 2 sentences 2013“Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable [person] innocent of any crime, would have thought he was being restrained had he been in the defendant’s shoes.” Reppert, 814 A.2d at 1201 -02 (quoting Commonwealth v. Beasley, 761 A.2d 621, 625 (2000) (citing Matos, 543 Pa. at 457 , 672 A.2d at 773 (citing Commonwealth v. Jones, 474 Pa. 364, 373 , 378 A.2d 835, 840 (1977)))). 2013“Thus, the focal point of our inquiry must be whether, considering the circumstances surrounding the incident, a reasonable [person] innocent of any crime, would have thought he was being restrained had he been in the defendant’s shoes.” Reppert, 814 A.2d at 1201 -02 (quoting Commonwealth v. Beasley, 761 A.2d 621, 625 (2000) (citing Matos, 543 Pa. at 457 , 672 A.2d at 773 (citing Commonwealth v. Jones, 474 Pa. 364, 373 , 378 A.2d 835, 840 (1977)))).	2	3
Commonwealth v. Baldwingreen pasuperct · 2016 · cited in 2 Pennsylvania opinions naming this issue, 2017–2018 2 sentences 2018Citing Commonwealth v. Baldwin, 147 A.3d 1200, 1203 (Pa. Super. 2016), the Commonwealth emphasizes that “the focal point of the inquiry is whether a reasonable innocent person would have felt restrained under the circumstances.” Commonwealth’s Brief at 10. 2017Commonwealth v. Baldwin, 147 A.3d 1200, 1202-03 (Pa. Super. 2016) (some citations omitted).	2	2
Commonwealth v. Tam Thanh Nguyengreen pasuperct · 2015 · cited in 2 Pennsylvania opinions naming this issue, 2015–2016 2 sentences 2016Commonwealth v. Tam Thanh Nguyen, 116 A.3d 657, 664-65 (Pa. Super. 2015) (citation omitted). 2015Id. at 664-65 (quotation marks and citations omitted). - 11 - J.A21010/15 In Cartagena, this Court held that the police officers lacked reasonable suspicion to search the center console of the defendant’s vehicle, following a traffic stop for driving with tinted windows.	2	2
Commonwealth v. Vegagreen pa · 1998 · cited in 3 Pennsylvania opinions naming this issue, 2007–2024 2 sentences 2024“The focal point of this analysis is whether the [a]ppellant made an informed choice.” Id. 2007“The focal point of this analysis is whether the [ajppellant made an informed choice.” Id. ¶ 16 We turn now to the instant case.	1	3
Commonwealth v. Hamptongreen pasuperct · 2019 · cited in 2 Pennsylvania opinions naming this issue, 2019–2025 2 sentences 2025Hampton, 204 A.3d at 457 (citations omitted). 2019Commonwealth v. Hampton, 204 A.3d 452 , 456–57 (Pa. Super. 2019) (citations and quotation marks omitted).	1	2
Commonwealth v. Lylesgreen pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024 1 sentence 2024“In evaluating the level of interaction, courts conduct an objective examination of the totality of the surrounding circumstances.” Commonwealth v. Lyles, 97 A.3d 298, 302 (Pa. 2014). [t]he totality-of-the-circumstances test is ultimately centered on whether the suspect has in some way been restrained by physical force or show of coercive authority.	1	1
In Re EAPgreen pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011 1 sentence 2011See In re Z.P., 994 A.2d at 1126 ; In re M.J.H., 501 A.2d at 654 and 656; see also In re E.A.P., 944 A.2d at 82 .	1	1
In Re ZPgreen pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011 1 sentence 2011See In re Z.P., 994 A.2d at 1126 ; In re M.J.H., 501 A.2d at 654 and 656; see also In re E.A.P., 944 A.2d at 82 .	1	1
Commonwealth v. Sierragreen pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988). 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988).	1	1
Commonwealth v. Freemangreen pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988). 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988).	1	1
Commonwealth v. Elliottgreen pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988). 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988).	1	1
Commonwealth v. Lopezgreen pasuperct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988). 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988).	1	1
Commonwealth v. Donaldsongreen pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988). 2002See Commonwealth v. Freeman, 563 Pa. 82 , 757 A.2d 903, 906-07 (2000); Commonwealth v. Sierra, 555 Pa. 170 , 723 A.2d 644, 646 (1999) (plurality opinion); Commonwealth v. Donaldson, 786 A.2d 279, 285-86 (Pa.Super.2001); Commonwealth v. Lopez, 415 Pa.Super. 252 , 609 A.2d 177, 181-82 (1992); Commonwealth v. Elliott, 376 Pa.Super. 536 , 546 A.2d 654, 660 (1988).	1	1
Commonwealth v. Careygreen pasuperct · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1998–1998 2 sentences 1998Commonwealth v. Carey, 235 Pa.Super. 366, 372 , 340 A.2d 509, 511 (1975). 1998Commonwealth v. Carey, 235 Pa.Super. 366, 372 , 340 A.2d 509, 511 (1975).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
Commonwealth v. Faulk green pasuperct · 2007 2 sentences 2024Faulk, supra at 1066–67. 2017Commonwealth v. Faulk, 928 A.2d 1061 , (Pa. Super. 2007) (internal quotations and citations omitted).	2	2017–2024
Commonwealth v. Ellis green pa · 1995 1 sentence 2023Id., quoting Commonwealth v. Reppert, 814 A.2d 1196, 1201-1202 (Pa. Super. 2002).	1	2023–2023
Gray v. Buonopane green pasuperct · 2012 1 sentence 2020Pursuant to the rules of construction, the focal point of our analysis in such a review is clear: “The object of all interpretation and construction is to ascertain and effectuate the intention of the Supreme Court.” Pa.R.C.P. 127(a); Gray, 53 A.3d at 834 .	1	2020–2020
Commonwealth v. Boswell green pa · 1998 2 sentences 2017Commonwealth v. Collins, 950 A.2d 1041 , 1046–47 (Pa. Super. 2008) (citation omitted) (holding that interaction between the petitioner and police was a mere encounter where the petitioner was approached in his parked car, in a public parking lot, by an officer with his police vehicle headlights activated). “‘No constitutional provision prohibits police officers from approaching a citizen in public to make inquiries of them.’ However, ‘if the police action becomes too intrusive, a mere encounter may escalate into an investigatory [detention] or seizure.’” Commonwealth v. Beasley, 761 A.2d 621, 2017Commonwealth v. Collins, 950 A.2d 1041 , 1046–47 (Pa. Super. 2008) (citation omitted) (holding that interaction between the petitioner and police was a mere encounter where the petitioner was approached in his parked car, in a public parking lot, by an officer with his police vehicle headlights activated). “‘No constitutional provision prohibits police officers from approaching a citizen in public to make inquiries of them.’ However, ‘if the police action becomes too intrusive, a mere encounter may escalate into an investigatory [detention] or seizure.’” Commonwealth v. Beasley, 761 A.2d 621,	1	2017–2017
In Re Adoption of M.J.H. green pa · 1985 1 sentence 2011See In re Z.P., 994 A.2d at 1126 ; In re M.J.H., 501 A.2d at 654 and 656; see also In re E.A.P., 944 A.2d at 82 .	1	2011–2011
Commonwealth v. Szekeresh green pa · 1986 2 sentences 1993Szekeresh, 357 Pa.Super. at 156 , 515 A.2d at 608 . 1993Szekeresh, 357 Pa.Super. at 156 , 515 A.2d at 608 .	1	1993–1993
Minnesota v. Olson green scotus · 1990 2 sentences 1990We have been presented with no persuasive argument to expand Sell’s discontinuance of the “reasonable expectation of privacy” in a possessory offense context to one where “unreasonable” government intrusion is the focal point of inquiry once “standing” is established. 3 See Minnesota v. Olson, — U.S. -, -, 110 S.Ct. 1684, 1688 , 109 L.Ed.2d 85 (1990) (Defendant’s status’ as an overnight guest was alone sufficient to show that he had an expectation of privacy in the home of a friend that society was prepared to recognize as reasonable, and, thus, accorded him standing to challenge successfully 1990We have been presented with no persuasive argument to expand Sell’s discontinuance of the “reasonable expectation of privacy” in a possessory offense context to one where “unreasonable” government intrusion is the focal point of inquiry once “standing” is established. 3 See Minnesota v. Olson, — U.S. -, -, 110 S.Ct. 1684, 1688 , 109 L.Ed.2d 85 (1990) (Defendant’s status’ as an overnight guest was alone sufficient to show that he had an expectation of privacy in the home of a friend that society was prepared to recognize as reasonable, and, thus, accorded him standing to challenge successfully	1	1990–1990

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 6105 (4)

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.

Where else courts name it

PA 50 (1990–2026) LA 21 (1983–2004) MN 10 (1988–2024) MS 9 (1994–2022) AL 9 (1983–2007) IN 8 (1981–2008) CT 6 (1976–2012) OH 6 (2007–2022) MI 6 (1973–2025) NY 6 (1981–1986) NJ 5 (1955–2017) AR 5 (2003–2021) NE 3 (1985–1990) UT 3 (1945–1999) HI 3 (2005–2007) FL 3 (1963–2014) WV 3 (1978–2024) IA 3 (2014–2023) VA 2 (2003–2009) CA 2 (1982–1994)

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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