Legal Opinion

Commonwealth v. Johnson

Superior Court of Pennsylvania

Decided May 21, 2018No. 1198 MDA 2017PublishedCited by 14 opinions

1Opinion of the Court

OPINION BY KUNSELMAN, J.:

The Commonwealth appeals from the order granting Sharon Kay Johnson's motion to suppress the test results of a warrantless blood-draw. We reverse.

A summary of the facts, as stipulated to by the parties, is as follows.

On January 16, 2017, Officer Nicole Foley arrested Johnson with probable cause and requested a blood-draw. Within the required two hour time period, Johnson was transported to Nittany Medical Center for a blood-draw. At the hospital, Officer Foley gave Johnson the revised DL-26 form; the form did not list enhanced criminal penalties as a consequence of…

2Cases cited8 opinions

  1. Ornelas v. United StatesSupreme Court of the United States · 1996
  2. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  3. Com., Dept. of Transp. v. O'CONNELLSupreme Court of Pennsylvania · 1989
  4. Commonwealth v. EvansSuperior Court of Pennsylvania · 2016
  5. Commonwealth v. GironSuperior Court of Pennsylvania · 2017

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Commonwealth v. VenableSuperior Court of Pennsylvania · 2018
  2. Commonwealth v. KrenzelSuperior Court of Pennsylvania · 2019
  3. Commonwealth v. GearySuperior Court of Pennsylvania · 2019
  4. Com. v. Benvenisti-Zarom, L.Superior Court of Pennsylvania · 2020
  5. Com. v. Palchanes, D.Superior Court of Pennsylvania · 2019

9 more not listed; retrieve them via the Exa API.

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