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Superior Court of Pennsylvania· 11/24/1999

Commonwealth v. Davis

Citations

  • 743 A.2d 946
  • 1999 Pa. Super. 289
  • 1999 Pa. Super. LEXIS 4041

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that the appellant had a legitimate expectation of privacy in the premises although he was not the named lessee where he carried a key to the apartment, and inside the apartment were the appellant’s clothes, identification tag and prescription medicine
  • ruling that the appellant had a legitimate expectation of privacy in the premises although he was not a named lessee where he carried a key to the apartment, and inside the apartment were the appellant’s clothes, identification tag and prescription medicine
  • reiterating that allowing the police to observe illegal activities by their own unlawful means “emasculates the protections afforded to appellant and all citizens by the United States and Pennsylvania Constitutions.”
  • finding that an unnamed lessee had a legitimate expectation of privacy where he carried a key to gain access and kept his belongings, clothes, identification tag, and prescription medications
  • holding evidence sufficient to prove constructive possession over drugs found in apartment common areas where defendant entered apartment using his own key, possessed $800 in cash on his person, and police recovered defendant’s ID badge, clothing, and firearms in bedroom
  • noting that “common authority” to consent to a police search “is not implied by a mere property interest such as that of a landlord, and “a landlord cannot consent to a search of a tenant’s premises, regardless of the lessor’s right to enter and inspect”

Source: CourtListener parenthetical corpus (CC0).

Judges: Popovich, Melvin, Cirillo

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

43 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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