338 Pa. Super. 225 - Commonwealth v. Rispo’s Empirical Analysis
1985
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently May 2019
22 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 Wilson v. Omaha Indian Tribe · Commonwealth v. Holzer · Commonwealth v. Silo · Commonwealth v. Shaw · Commonwealth v. Timko
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The scope of our review of the denial of a motion for suppression of evidence is firmly established. The suppression court must make findings of fact and conclusions of law in determining whether evidence was obtained in violation of the defendant’s rights. The burden of proving the admissibility of the evidence lies on the Commonwealth’s shoulders; the standard by which the court determines the legitimacy of the search and seizure, and hence the admissibility of the evidence whose suppression has been moved, is that of the preponderance of the evidence____ On appeal we must determine whether the record supports the factual findings of the suppression court, as well as determine the reasonability of any inferences and legal conclusions drawn from the court’s findings of fact____ In considering whether the record supports the court’s finding [sic] of facts we must restrict ourselves to reviewing the evidence presented by the Commonwealth and so much of the evidence for the defense as, fairly read in the context of the record as a whole, remains uncontradicted---- In addition, where the suppression court’s findings are amply supported by the record they may not be disturbed on appeal____”
1 later decision quote this exact passage“we must determine whether the record supports the factual findings of the suppression court, as well as determine the reasonability of any inferences and legal conclusions drawn from the court’s findings of fact---- In considering whether the record supports the court’s finding[s] of fact we must restrict ourselves to reviewing the evidence presented by the Commonwealth and so much of the evidence for the defense as, fairly read in the context of the record as a whole, remains uncontradicted---- In addition, where the suppression court’s findings are amply supported by the record they may not be disturbed on appeal____”
1 later decision quote this exact passage“The Commonwealth must present clear and convincing evidence that the circumstances surrounding the opportunity to search were truly exigent, ... and that the exigency was in no way attributable to the decision by the police to forego seeking a warrant.”
1 later decision quote this exact passage · from the majority
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.