346 Pa. Super. 77 - Commonwealth v. Cieri’s Empirical Analysis

Citation profile

66 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) General rule. — Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle: (1) while under the influence of alcohol or a controlled substance or both....”

   7 later decisions quote this exact passage · from the dissent
   e.g. 440 Pa. Super. 428 - Commonwealth v. Simon · 352 Pa. Super. 96 - Commonwealth v. DeFaveri

2. “§ 3755. Reports by emergency room personnel (a) General rule. — If, as a result of a motor vehicle accident, the person who drove, operated or was in actual physical control of the movement of any involved motor vehicle requires medical treatment in an emergency room of a hospital and if probable cause exists to believe a violation of section 3731 (relating to driving under influence of alcohol or controlled substance) was involved, the emergency room physician or his designee shall promptly take blood samples from those persons and transmit them within 24 hours for testing to the Department of Health or a clinical laboratory licensed and approved by the Department of Health and specifically designated for this purpose. This section shall be applicable to all injured occupants who were capable of motor vehicle operation if the operator or person in actual physical control of the movement of the motor vehicle cannot be determined. Test results shall be released upon request of the person tested, his attorney, his physician or governmental officials or agencies.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 440 Pa. Super. 428 - Commonwealth v. Simon

3. “A witness should not be placed on the stand solely for the purpose of having him exercise his privilege against self-incrimination before the jury. “If it appears that a witness intends to claim the privilege as to essentially all questions, the court may, in its discretion, refuse to allow him to take the stand. Neither side has the right to benefit from any inferences the jury may draw simply from the witness’ assertion of the privilege ...” United States v. Lacouture, 495 F.2d 1237, 1240 (5th Cir.), cert. denied, 419 U.S. 1053 , 95 S.Ct. 631 , 42 L.Ed.2d 648 (1974), quoting United States v. Johnson, 488 F.2d 1206, 1211 (1st Cir.1973). See also: Bowles v. United States, 142 U.S.App.D.C. 26, 32 , 439 F.2d 536, 542 (1970), cert. denied, 401 U.S. 995 , 91 S.Ct. 1240 , 28 L.Ed.2d 533 (1971); Commonwealth v. Greene, 445 Pa. 228, 231-232 , 285 A.2d 865, 867 (1971); Commonwealth v. Pritchard, 270 Pa.Super. 461, 468 , 411 A.2d 810, 814 (1979); Commonwealth v. Hackett, 225 Pa.Super. 22, 24, n. 2 , 307 A.2d 334 , 335 n. 2 (1973).”

   1 later decision quote this exact passage · from the dissent
   e.g. 376 Pa. Super. 356 - Commonwealth v. Yabor