2015 Pa. Super. 201 - Commonwealth v. Mathis’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. “Within the context of their limited statutory authority over parolees, we must recognize a parole officer’s concomitant authority to conduct a weapons frisk of a non-parolee when the facts and circumstances would warrant a reasonably prudent police officer in doing the same. Parole agents face the same extreme safety risks as police officers, and routinely encounter persons other than the parolee, who are present during an arrest and/or search of an approved residence. It is irrational to presume that a parole agent will only ever encounter his parolee during an arrest or home visit. We believe that while a parole agent is performing his official statutory duties, he is entitled to the same protections this Commonwealth has afforded to police officers with respect to his interaction with third parties, other than the parolee. Accordingly, we conclude that a parole agent’s statutory authority to detain and arrest parolees includes the ancillary authority to conduct a weapons frisk of any person present, during an arrest or home visit, where the parole agent has a reasonable suspicion that a person searched may be armed and dangerous.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Mathis, D., Aplt.

2. “Once we recognize the authority of parole officers to search parolees and their premises, ... we cannot ignore the hazards involved in this kind of public duty. A bullet’s message is deadly no matter who the sender is. A law-enforcement officer in a potentially perilous situation must have a basic right of self-protection notwithstanding the shape of his badge. As long as an officer is properly pursuing his lawful duty, the only issue “is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety ... was in danger.””

   1 later decision quote this exact passage
   e.g. Commonwealth v. Mathis, D., Aplt.

3. “briefly detain and direct the movement of an 'arrestee's companion' regardless of whether a reasonable suspicion exists that the companion is involved in criminal activity”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 742 - Commonwealth v. Ramirez