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573 Pa. 426

826 A.2d 831

Commonwealth v. Bomar

Supreme Court of Pennsylvania

Decided May 30, 2003

Supreme Court of Pennsylvania · decided 2003-05-30

Relies on Com. v. Karash

Good law ✅— No negative treatment on recordhow we know

Decided 2003-05-30

How this case has been cited

Cited by 362 later decisions — most recently November 2025 · most notably Commonwealth v. Wright (2008), Commonwealth v. Ali (2010)

358 state decisions

2390200320102020decided

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 →

*479JUSTICE NIGRO

¶1CONCURRING.

¶2I join the majority opinion with the limited exception of its discussion regarding the “bring-down” order used to transfer Appellant from the prison to the CID offices for questioning regarding the Willard murder case.

¶3Although I fully agree with the majority that the “bring-down” order was undoubtedly erroneous, I cannot agree with the majority’s seemingly dismissive approach to the misuse of that erroneous order. To that end, the majority notes that Appellant does not cite to any evidence of record establishing that the error in the order was anything other than a mere “mistake” or “oversight.” While that may be true, it still remains that the order only authorized the transfer of Appellant for a hearing and not for what it was ultimately used for-the questioning of Appellant regarding the Willard case. In my view, the Commonwealth should simply not be allowed to use a court order for one purpose when that order explicitly authorizes its use only for a different purpose. See Commonwealth v. Karash, 513 Pa. 6, 518 A.2d 537, 542 (1986) (“The misuse of a court order is an affront to the court issuing that order.”) Nonetheless, I ultimately agree with the majority that Appellant is not entitled to relief on this claim because the transfer did not, under the circumstances here, implicate Appellant’s Fourth Amendment rights.

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