On Sept. 26, the Pennsylvania Supreme Court issued its ruling in a case captioned Commonwealth v. Bishop, No. 37 EAP 2018. The court had granted review to decide whether the Pennsylvania Constitution should be construed to provide broader protection than the Fifth Amendment to the U.S. Constitution with regard to the suppression of physical evidence recovered as a result of a statement that government authorities obtained from a criminal suspect in violation of the suspect’s Miranda rights.

Instead of resolving that question on the merits, however, the court decided by a vote of 6-1 that the defendant had waived his ability to obtain a ruling in his favor by failing to adequately preserve the question presented before either the trial court or the Pennsylvania Superior Court.