# Commonwealth v. Gray

> Supreme Court of Pennsylvania · February 5, 1986 · 509 Pa. 476

URL: https://www.frixlaw.com/law-library/cases/9693984

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Ronald GRAY, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** February 5, 1986
- **Citations:** 509 Pa. 476; 503 A.2d 921
- **Precedential status:** Published
- **Opinion:** Concurrence by Larsen
- **Judges:** Nix, Larsen, McDermott, Hutchinson, Zappala, Papadakos, Flaherty
- **Cited by:** 229 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9693984

## Opinion text

*490 LARSEN, Justice,
concurring.
Because we are required to follow the United States Supreme Court’s interpretations of the United States Constitution, Pennsylvania has, until now, been required to apply the unrealistic two-prong test of Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969). This has resulted in many cases being decided by crabbing over-technicalities. Now that the States have a greater choice in the matter, we are at liberty to adopt the most common sense approach. Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), is the answer, with its more realistic view of the world. For that reason, even though some sister states have continued to apply the Aguilar-Spinelli test under their state constitutions, I join the majority in adopting the Gates decision and rationale.
McDERMOTT and PAPADAKOS, JJ., join in this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9693984. Public record. Not legal advice.