Opinion

Commonwealth v. Hoak

  • 700 A.2d 1263
  • 1997 Pa. Super. LEXIS 2637
Court
Superior Court of Pennsylvania
Filed
Aug 12, 1997
Status
Published
Author
Schiller
On the bench
Cavanaugh, Cirillo, Eakin, Elliott, Hudock, Johnson, Popovich, Saylor, Schiller
Cited by
19 cases
Authority
More cited than 19.5%

"Absent some coercive conduct by police, a request for cooperation or consent to search does not automatically convert an undeniably permissible encounter into an illegal seizure any more than the giving of Miranda warnings transforms a non-custodial setting into a custodial one."

How later courts described this case

  • "Absent some coercive conduct by police, a request for cooperation or consent to search does not automatically convert an undeniably permissible encounter into an illegal seizure any more than the giving of Miranda warnings transforms a non-custodial setting into a custodial one."

Written by the judges who cited it.

The opinion

SCHILLER, Judge,

concurring.

I concur in the result. Because it is appellant’s burden to present an adequate record for appellate review, 1 and because the record submitted to this Court is clearly deficient, 2 we are powerless to grant appellant relief. Thus there is no basis upon which we can reverse the judgment of sentence entered by the Court of Common Pleas of Mercer County.

. Commonwealth v. Chopak, 532 Pa. 227 , 236 n. 5, 615 A.2d 696, 701, n. 5 (1992); Commonwealth v. Williams, 357 Pa.Super. 462, 466 , 516 A.2d 352, 354 (1986); Pa.R.A.P.1911(a); (d).

. See Dissenting Opinion, Johnson, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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