Opinion

Commonwealth v. Weimer

  • 262 Pa. Super. 69
  • 396 A.2d 649
  • 1978 Pa. Super. LEXIS 4366
Court
Superior Court of Pennsylvania
Filed
Dec 28, 1978
Status
Published
Author
Spaeth
On the bench
Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
Cited by
24 cases

holding that although a private club had a one-way mirror and buzzer system, the practice was to release the door whenever the buzzer was pressed and therefore there was no reasonable expectation of privacy, because for “all the owner and bartender knew, or apparently cared, the door might have been opening for a thief, a non-member, a uniformed officer, or, as in this case, a plain clothes trooper”

How later courts described this case

  • holding that although a private club had a one-way mirror and buzzer system, the practice was to release the door whenever the buzzer was pressed and therefore there was no reasonable expectation of privacy, because for “all the owner and bartender knew, or apparently cared, the door might have been opening for a thief, a non-member, a uniformed officer, or, as in this case, a plain clothes trooper”
  • Police officers gained entrance to a private club in which admission was theoretically restricted to members. There was one entrance and it was through a locked door activated by a buzzer system. The door contained a one-way mirror. The officers, not in uniform, gained entrance simply by pressing the doorbell. The court held that the “lax enforcement of purported security measures indicate[d] that appellees’ expectation of privacy was hardly reasonable or justifiable”

Written by the judges who cited it.

The opinion

SPAETH, Judge,

concurring:

I concur in the majority’s disposition, but only because I agree that appellees’ conduct in admitting the police shows that they did not regard the premises as private. I disagree with the majority’s extended dictum, that “assuming ar-guendo that the appellees entertained a reasonable expectation of privacy, we cannot agree the entry was improper.” Majority slip opinion 6-7 et seq.

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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