Commonwealth v. DeSimone

Dissenting Opinion by

Mr. Chief Justice Jones:

Although I was able to concur in the result in Com. v. Anderson, 441 Pa. 483, 272 A. 2d 877 (1971), I am unwilling to grant retroactive application to that opinion.' It is my view that the majority ignores the practical effect of its decision.

The decision to grant retrospective effect to new constitutional rules is a function of three variables: “(a) the purpose to be served by the new standards, (b) the extent of reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive…