Legal Opinion

Commonwealth v. Bailey

Superior Court of Pennsylvania

Decided December 1, 2009No. 1788 WDA 2007PublishedCited by 39 opinions

1Opinion of the Court

*861OPINION BY

KLEIN, J.:

¶ 1 Roderick Francis Bailey appeals from the judgment of sentence imposed on his convictions of various weapons charges. The trial judge, the Honorable Anthony M. Mariani, found that the consent to search was not voluntary. However, he further found that the car would have been towed and an inventory search conducted and therefore discovery of the gun in the car was inevitable. We agree and affirm. It is true that the car was not in a spot causing a hazard or blocking traffic and it was not proper to tow and inventory the car under traditional common law principles.…

2Cases cited5 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Commonwealth v. HawkinsSupreme Court of Pennsylvania · 1997
  3. Commonwealth v. HenniganSuperior Court of Pennsylvania · 2000
  4. Commonwealth v. GonzalezSuperior Court of Pennsylvania · 2009
  5. Commonwealth v. FryeSuperior Court of Pennsylvania · 2004

3Cited by39 opinions

  1. Com. v. Heidelberg, C.Superior Court of Pennsylvania · 2021
  2. C.B. v. J.B.Superior Court of Pennsylvania · 2013
  3. Commonwealth v. AndersonSuperior Court of Pennsylvania · 2012
  4. Com. v. King, C.Superior Court of Pennsylvania · 2021
  5. Commonwealth v. GatlosSuperior Court of Pennsylvania · 2013

34 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