348 Pa. Super. 544 - Commonwealth v. Harvey’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(2) Any investigative or law enforcement officer or any person acting at the direction or request of an investigative or law enforcement officer to intercept a wire or oral communication involving suspected criminal activities where: (ii) one of the parties to the communication has given prior consent to such interception. However, no interception under this paragraph shall be made unless the Attorney General or a deputy attorney general designated in writing by the Attorney General, or the district attorney, or an assistant district attorney designated in writing by the district attorney of the county wherein the interception is to be made, has reviewed the facts and is satisfied that the consent is voluntary and has given prior approval for the interception; however such interception shall be subject to the recording and record keeping requirements of section 5714(a) (relating to recording of intercepted communications) and that the Attorney General, deputy attorney general, district attorney or assistant district attorney authorizing the interception shall be the custodian of recorded evidence obtained therefrom.”

   3 later decisions quote this exact passage
   e.g. 383 Pa. Super. 283 - Commonwealth v. Barone · 424 Pa. Super. 181 - Commonwealth v. Taylor

2. ““To be admissible to show intent or motive, the evidence must give sufficient ground to believe that the crime currently being considered grew out of or was in any way caused by the prior set of facts and circumstances.” Commonwealth v. Brown, supra 280 Pa.Super. [303] at 308, 421 A.2d at 736, citing Commonwealth v. Schwartz, 445 Pa. 515 , 285 A.2d 154 (1971). There must be a logical connection between the prior incident and the crime for which the accused is being tried. Important factors to be considered in making this determination include the proximity in time between the incidents; the similarity in the circumstances surrounding the incidents; and whether evidence of the prior crime is necessary to rebut the accused’s evidence or contention of accident, mistake or lack of required intent. See: Commonwealth v. Sparks, supra 342 Pa.Super. [202] at 206, 492 A.2d [720] at 722 [ (1985) ]; Commonwealth v. Barba, supra 314 Pa.Super. [210] at 222, 460 A.2d [1103] at 1109 [(1983)].”

   1 later decision quote this exact passage · from the dissent
   e.g. 417 Pa. Super. 280 - Commonwealth v. Camperson

3. “[Tjhere is no merit in appellant’s argument that the statute creates a constitutionally impermissible balance in favor of law enforcement officials by allowing them to record incriminating conversations of citizens while denying citizens the correlative right to record exculpatory statements. There is no basis in law for the bald assertion that for every legislatively endorsed or created investigative technique for use by law enforcement officials there must be a correlative and offsetting right by which criminals can conceal their illegal activities.”

   1 later decision quote this exact passage · from the dissent
   e.g. 383 Pa. Super. 283 - Commonwealth v. Barone