Public-domain · open source
OpenJurist

433 Pa. 473

Commonwealth v. Frye

Supreme Court of Pennsylvania

Decided April 23, 1969

Supreme Court of Pennsylvania · decided 1969-04-23

Relies on Miranda v. State of Arizona Vignera · Commonwealth v. Sites · Commonwealth v. Eckhart

Good law ✅— No negative treatment on recordhow we know

Decided 1969-04-23

How this case has been cited

Cited by 100 later decisions — most recently March 1990 · most notably Commonwealth v. Eiland (1973), Commonwealth v. Scott (1976)

100 state decisions

8201969197019801990decided

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.

View the full empirical analysis of this case →

¶1*482.Concurring Opinion by

Mr. Justice O’Brien:

¶2I concur in the result reached by the majority, but disagree with much of the reasoning. First, although I agree that it was not error for the court below to ¿dmit the evidence seized in the search of the apartment building in which appellant resided, this is for the sole reason that there was neither a motion to suppress under Rule 2001 of the Rules of Criminal Procedure nor an objection at trial to the admission of the evidence.

¶3Second, I strongly disagree with the statement of the majority that “as soon as defendant admitted the stabbing, he was informed of his constitutional rights ás required by Miranda v. Arizona [384 U.S. 436, 86 S. Ct. 1602 (1966)].” On the contrary, neither at that time nor at any other time was he advised that a lawyer would be appointed to represent him if he was indigent. Commonwealth v. Sites, 427 Pa. 486, 235 A. 2d 387 (1967). Although the majority does not discuss it, appellant signed a written statement, which was admitted into evidence over his objection. I agree with thé court below that the statement was properly admitted, but only for the reason that no motion to suppress was timely made under Rule 324 of the Rules of Criminal Procedure. Commonwealth v. Eckhart, 430 Pa. 311, 242 A. 2d 271 (1968).

Mr. Justice Jones joins in this opinion.
/433/pa/473 · .json · Public domain