365 Pa. Super. 106 - Commonwealth v. Bruder

How this case has been cited

Cited by 32 later decisions (2 by the Supreme Court) — most recently March 2000 · most notably Pennsylvania v. Bruder (1988), 372 Pa. Super. 227 - Commonwealth v. Douglass (1988)

1 federal appellate · 29 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.

ROWLEY, Judge,

¶1concurring and dissenting:

¶2While I agree with the majority’s disposition of the first and third issues concerning dismissal of the criminal complaint and sufficiency of the evidence, I respectfully disagree with the conclusion that appellant’s statements should have been suppressed under Commonwealth v. Meyer, 488 Pa. 297, 412 A.2d 517 (1980). I think that Meyeris distinguishable on its facts and that the facts in this case closely parallel those in Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984). Considering also that the U.S. Supreme Court cited Meyeras an example of the confusion among various jurisdictions in applying Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) to situations involving motorists stopped for *118traffic violations, I think that Berkemeris controlling in this case. I would affirm the judgment of sentence.