2014 Pa. Super. 14 - Commonwealth v. Smith’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 9912. Supervisory relationship to offenders (a) General rule.—Officers are in a supervisory relationship with their offenders. The purpose of this supervision is to assist the offenders in their rehabilitation and reassimilation into the community and to protect the public. (b) Searches and seizures authorized.— (1)Officers and, where they are responsible for the supervision of county offenders, State parole agents may search the person and property of offenders in accordance with the provisions of this section. [[Image here]] (c) Effect of violation.—No violation of this section shall constitute an independent ground for suppression of evidence in any probation and parole or criminal proceeding. (d) Grounds for personal search.— (1) A personal search of an offender may be conducted by an officer: (i) if there is a reasonable suspicion to believe that the offender possesses contraband or other evidence of violations of the conditions of supervision; (ii) when an offender is transported or taken into custody; or (iii)upon an offender entering or leaving the securing enclosure of a correctional institution, jail or detention facility. (2) A property search may be conducted by an officer if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the offender contains contraband or other evidence of violations of the conditions of supervision. (3) Prior approval of a supervisor shall be obtained for a property search”

   1 later decision quote this exact passage
   e.g. 2016 Pa. Super. 280 - Commonwealth v. Parker

2. “[A]re in a supervisory relationship with their offenders. The purpose of this supervision is to assist the offenders in their rehabilitation and reassimilation into the community and to protect the public. Supervision practices shall reflect the balance of enforcement of the conditions of parole and case management techniques to maximize successful parole completion through effective reentry to society. As such, probationers and parolees are subject to general and individual rules of conduct and supervision described at sentencing and/or in the parole agreement.”

   1 later decision quote this exact passage
   e.g. 2016 Pa. Super. 280 - Commonwealth v. Parker