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Commonwealth v. Smith

Citations

  • 555 A.2d 185
  • 382 Pa. Super. 288
  • 1989 Pa. Super. LEXIS 433

How courts have described this case

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

  • finding no custodial interrogation where the police questioned the defendant in a hospital room because “any restraint placed on [him] was for medical purposes by hospital personnel”
  • holding the same under similar facts
  • even though defendant was the subject of police investigation, he was not in custody for Miranda purposes when officer interviewed him at the hospital; officer did not restrain defendant in any way
  • probable cause existed where defendant smelled of alcohol, had glassy bloodshot eyes
  • Section 1547(a)(1) of the Vehicle Code permits a chemical test of a suspect’s blood, without the suspect’s consent, if the officer has reasonable grounds to believe that the suspect was driving under the influence of alcohol

Source: CourtListener parenthetical corpus (CC0).

Judges: Brosky, Johnson, Melinson

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.