Legal Opinion

Commonwealth v. O'Neal

Superior Court of Pennsylvania

Decided May 15, 1981No. 993PublishedCited by 11 opinions

1Opinion of the Court

O’KICKI, Judge:

This appeal arises from conviction and sentence of Gaston Wayne O’Neal for theft. Sentence was entered on May 3, 1979.

Three issues are present in the instant case: Does a lessee of a home have authority to consent on behalf of a house guest to a search of a bedroom used exclusively by the temporary gratuitous guest? If such a lessee has the authority, was his consent to search voluntarily given, and not the result of duress or coercion, express or implied? When a search is conducted pursuant to lessee’s consent, is it necessary for the Commonwealth to establish that the police…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. United States v. MatlockSupreme Court of the United States · 1974
  4. Stoner v. CaliforniaSupreme Court of the United States · 1964
  5. Chapman v. United StatesSupreme Court of the United States · 1961

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

3Cited by11 opinions

  1. Hubert v. StateCourt of Criminal Appeals of Texas · 2010
  2. Commonwealth v. LowerySuperior Court of Pennsylvania · 1982
  3. Commonwealth v. KeanSupreme Court of Pennsylvania · 1989
  4. Commonwealth v. HunterSuperior Court of Pennsylvania · 2008
  5. Overnite Transportation Co. v. Teamsters Local 107Superior Court of Pennsylvania · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API