Commonwealth v. Tolbert’s Empirical Analysis
1981
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently October 2001 · most notably Commonwealth v. Stamps (1981), 331 Pa. Super. 285 - Commonwealth v. Davis (1984)
35 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 Aguilar v. Texas · Beck v. State of Ohio · Commonwealth v. Simmons · Commonwealth v. Shaw · Commonwealth v. Marino
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order for the issuance of a search warrant to be constitutionally valid, the issuing officer must reach the conclusion that probable cause exists at the time he issues the warrant. Such a decision may not be made arbitrarily and must be based on facts which are closely related in time to the date the warrant is issued. Sgro v. United States, 287 U.S. 206 , 53 S.Ct. 138 , 77 L.Ed. 260 (1932); Durham v. United States, 403 F.2d 190 (9th Cir. 1968); Schoeneman v. United States, 317 F.2d 173 (D.C. Cir. 1963); and Dandrea v. United States, 7 F.2d 861 (8th Cir. 1925). See also IV Wharton Criminal Law and Procedure § 1546 (12th Ed. 1957), and authorities cited in 100 A.L.R.2d 525 (1965). If the issuing officer is presented with evidence of criminal activity at some prior time, this will not support a finding of probable cause as of the date the warrant issues, unless it is also shown that the criminal activity continued up to or about that time.” Id. [444 Pa.] at 113-14, 281 A.2d at 899 .”
2 later decisions quote this exact passage · from the majority“If the issuing officer is presented with evidence of criminal activity at some prior time, this will not support a finding of probable cause as of the date the warrant issues, unless it is also shown that the criminal activity continued up to or about that time ". Commonwealth v. Tolbert, 492 Pa. 576 , 424 A.2d 1342 (1981), and cases cited therein (emphasis in original). The reason for the prohibition against stale evidence is that ". . . even if the incriminating information is dated, as time passes and it becomes possible for the facts and circumstances to change, a redetermination of probable cause is constitutionally required.”
1 later decision quote this exact passage · from the majority“[W]e find that at the time the magistrate issued the search warrant probable cause did not exist. Only if we are willing to attribute significance to the officer's surveillance of 50 minutes during which time he observed three black men gain entry to the premises, remain approximately five minutes and then depart, can we uphold the issuance of this search warrant. Even if this activity were viewed as somewhat suspicious, it falls short of evidence of a probability of continuing criminal activity, and is certainly consistent with activity of law abiding citizens.”
1 later decision quote this exact passage · from the majority
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.