2005 Pa. Super. 333 - Commonwealth v. Dommel’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On October 28, 2003 at about 10:20 p.m., Dommel was driving his pick up truck on East Towne Mall highway when his truck stopped halfway at the intersection of East Towne Mall and Route 462 despite having a green light. Kevin Witman, whose Acura Integra was stopped at a red light on Route 462 at the same intersection, proceeded when the intersection lights had changed, only to be broadsided by Dom-mel’s pickup truck, which had traveled through a red light despite moments earlier having stopped for the light. Witman’s Acura spun 180 degrees before he corrected its course just short of hitting a curb, at which time he saw Dommel’s pick up truck leaving the scene. Witman quickly assessed that his car was sufficiently operable to follow Dommel, and he placed an emergency call to “911” as he set off. Witman gave the 911 dispatcher a continuing report of Dommel’s location and manner of driving, which included Dommel’s driving through four more red lights before turning onto a residential street and pulling up into a residential driveway. Responding officers en route to intercept Dommel received Witman’s report through the dispatcher, and they arrived at the residence some 15 to 30 seconds after Dommel had stopped his pick up truck. Officer Bryan Kondras of the East Lampeter Township Police Department was first to arrive at the residence. With overhead emergency lights flashing, Officer Kondras saw both the pickup truck and a baseball cap-wearing white male operator, Dommel, fitting ”

   1 later decision quote this exact passage
   e.g. 2009 Pa. Super. 64 - Commonwealth v. Fickes

2. “[Sjeveral of the above enumerated factors vital to establishing exigency existed here: above and beyond a clear showing of probable cause; a strong reason to believe that the suspect is within the premises being entered; a likelihood that the suspect will escape if not swiftly apprehended; a peaceable entry which, though made at nighttime, occurred in a very public display of police lights before a witnessing complain ant and without surprise to the homeowner; and, perhaps most important, the likelihood that BAC evidence crucial to a DUI charge permitting warrantless arrest in the first place would be lost in the time it would take the officer to secure a warrant. Moreover, though not charged with offenses categorized as violent, Dom-mel’s actions indicated either a callous disregard of, or the inability to regard at all, both the violent automobile collision which he caused and subsequent official commands to stop. Officer Kondras thus did not enter the home of beer drinking minors or marijuana smokers, but of a hit and run/DUI suspect who, for whichever reason, had shown no concern for his victim’s well-being and was now eluding police. Though neither wanted for a felony nor believed to be armed, there was nevertheless reason under these facts to consider Dommel either chemically impaired or highly unpredictable and perhaps dangerous. Dommel’s actions thus warranted immediate pursuit.”

   1 later decision quote this exact passage
   e.g. 2009 Pa. Super. 64 - Commonwealth v. Fickes

3. “Probable cause to arrest exists when the facts and circumstances within the police officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested. Probable cause justifying a warrantless arrest is determined by the totality of the circumstances. Probable cause does not involve certainties, but rather the factual and practical considerations of everyday life on which reasonable and prudent men act. It is only the probability and not a prima facie showing of criminal activity that is a standard of probable cause. To this point on the quanta of evidence necessary to establish probable cause, the United States Supreme Court recently noted that finely tuned standards such as proof beyond a reasonable doubt or by a preponderance of the evidence, useful in formal trials, have no place in the probable-cause decision.”

   1 later decision quote this exact passage
   e.g. 2006 Pa. Super. 234 - Commonwealth v. Holton