373 Pa. Super. 193 - Commonwealth v. Phillips’s Empirical Analysis
1988
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently February 2013
17 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 Commonwealth v. Clark · Commonwealth v. Sessoms · Commonwealth v. Tarbert · Commonwealth v. Johnston · Commonwealth v. Shaw
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 5704 Exceptions to prohibition on interception and disclosure of communications. It shall not be unlawful under this chapter for: (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 had 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 keep ing 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.”
2 later decisions quote this exact passage“In Commonwealth v. Schaeffer, an en banc panel of this Court held that the interception and recording of a person’s words is a search and seizure. This Court in Schaeffer then proceeded to hold that Pennsylvania State Constitution requires a warrant for participant monitoring in the home. The home is regarded as a place in which a person’s expectations of privacy are of the highest degree. A person speaking in his home certainly speaks in circumstances justifying a belief that the police are not listening in as an “uninvited ear” through an alter ego, i.e., the informant. Schaeffer, 370 Pa.Super at [209] — [211], 536 A.2d at 369-370 .”
1 later decision quote this exact passage“Section 5704 permits consensual participant monitoring where a wire or oral communication involves suspected criminal activities. In granting approval for the monitoring, the Attorney General or the district attorney or their designees must review the facts. Thus, the police must be able to articulate reasonable grounds for the monitoring, then the Attorney General or district attorney must find that in fact those reasonable grounds do exist. Thus, the statute itself imposes a double check against unreasonable seizures of a person’s conversations.”
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.