Commonwealth v. Kurtz’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Birchfield , the United States Supreme Court recognized that "[t]here must be a limit to the consequences to which motorists may be deemed to have consented by virtue of a decision to drive on public roads." Birchfield , 136 S.Ct. at 2185 . Of particular significance, Birchfield held that "motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense." Id. at 2185-2186. Accordingly, this Court has recognized that Pennsylvania's implied consent scheme was unconstitutional insofar as it threatened to impose enhanced criminal penalties for the refusal to submit to a blood test. Commonwealth v. Ennels , 167 A.3d 716 , 724 (Pa. Super. 2017), reargument denied (Sept. 19, 2017) (noting that "implied consent to a blood test cannot lawfully be based on the threat of such enhanced penalties"); Commonwealth v. Evans , 153 A.3d 323 , 330-31 (Pa. Super. 2016).”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Moser · Commonwealth v. Olson

2. “implied consent to a blood test cannot lawfully be based on the threat of such enhanced penalties”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Moser · Commonwealth v. Olson

3. “Given the entanglement of privacy interests inherent in a blood test administered by the state, we decline to recognize a good[-]faith exception to the exclusionary rule, as it would frustrate the purpose of Article 1, Section 8 of the Pennsylvania Constitution by undermining privacy interests.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Moser