456 Pa. Super. 523 - Commonwealth v. Dunne’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n order for consent to be valid, it must be “unequivocal, specific, and voluntary.” The appellant must have intentionally relinquished or abandoned a known right or privilege. Commonwealth v. Gibson, 536 Pa. 123 , 638 A.2d 203 (1994). “The burden is upon the Commonwealth to prove by clear and convincing evidence that valid consent was given by appellant.” Commonwealth v. Blasioli, 454 Pa.Super. 207 , 685 A.2d 151, 156 (1996) (citations omitted). The determination as to whether consent has been given voluntarily is a question of fact which must be determined in each case from the totality of the circumstances. Commonwealth v. Mancini, 340 Pa.Super. 592 , 490 A.2d 1377 (1985). This Court has held that the following factors should be considered in determining whether consent was given voluntarily: “the setting in which the consent was obtained; what was said and done by the parties present; and the age, intelligence, and educational background of the person consenting.” Blasioli, 685 A.2d at 156 (citations omitted).”

   1 later decision quote this exact passage
   e.g. 2013 Pa. Super. 96 - Commonwealth v. Gorbea-Lespier