262 Pa. Super. 69 - Commonwealth v. Weimer’s Empirical Analysis
1978
Citation profile
2 federal appellate · 27 state decisions
How this case has been cited
Cited by 29 later decisions — most recently December 2023 · most notably Commonwealth v. D'ONOFRIO (1986), 377 Pa. Super. 117 - Commonwealth v. Carelli (1988)
2 federal appellate · 27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Terry v. Ohio · Katz v. United States · Sorrells v. United States · Sherman v. United States · Lewis v. United States
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well established that when an officer sees contraband or other objects in plain view and has not intruded into a constitutionally protected area, his observation is not a search within the meaning of the fourth amendment. Thus while an officer is not forced to disregard that which is patently clear to him, the doctrine is only applicable when he is in a place where he has a legal right to be. In the instant case, then, the essential issue is reduced to whether the interior of appellees’ club [here, appellant’s store] was a constitutionally protected area and whether the officers had a legal right to be inside the premises when they observed the gambling paraphernalia and effected the arrests. If they had such a right, then their observation of the gambling paraphernalia was sufficient to form probable cause to arrest and seize the immediate evidence. Commonwealth v. Weimer, 262 Pa. Superior Ct. 69, 73-74 , 396 A.2d 649, 651 (1978) (citation omitted).”
2 later decisions quote this exact passage““In order for this constitutional protection to attach, however, the individual must harbor a reasonable and justifiable expectation of privacy within the area in question. [citations omitted] The reasonableness of one’s expectations will necessarily turn on the facts in the individual case evincing the strength of that belief and the measures taken to ensure privacy.” Commonwealth v. Weimer, 262 Pa.Super. 69, 74 , 396 A.2d 649, 651 (1978) (emphasis in original).”
2 later decisions quote this exact passage“For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.