Posted: 4/30/2014 2:58:35 PM EDT
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Pennsylvania police officers no longer need a warrant to search a citizen’s vehicle, according to a recent state Supreme Court opinion. The high court’s opinion, released Tuesday, is being called a drastic change in citizens’ rights and police powers. Previously, citizens could refuse an officer’s request to search a vehicle. In most cases, the officer would then need a warrant — signed by a judge — to conduct the search. http://m.lancasteronline.com/news/local/supreme-court-pennsylvania-cops-no-longer-need-a-warrant-to/article_6a407fc6-d077-11e3-8025-0017a43b2370.html?mode=jqm ETA Apparently I duped, even though I searched "warrant" and "search" http://www.ar15.com/forums/t_1_5/1619457_Supreme_Court__Pennsylvania_cops_no_longer_need_a_warrant_to_search_citizens__vehicles.html |
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After consideration of relevant federal and state law, we now hold that with respect to a warrantless search of a motor vehicle that is supported by probable cause, Article I, Section 8 of the Pennsylvania Constitution affords no greater protection than the Fourth Amendment to the United States Constitution. Accordingly, we adopt the federal automobile exception to the warrant requirement, which allows police officers to search a motor vehicle when there is probable cause to do so and does not require any exigency beyond the inherent mobility of a motor vehicle. I thought officers already had the right to search based on PC? Edit: Yeah... Guy claims to have contraband in his car, officers subsequently searching the car doesn't strike me as very egregious. "When Officer Baker asked Appellee if there was anything in his vehicle that the officers “need [to] know about,” Appellee responded that there was some “weed.” The officers removed Appellee from the SUV, placed him in the police cruiser, and summoned the canine unit. As Police Officer Snyder and his dog, Leo, began to walk around the SUV, Appellee got out of the police cruiser and started running from the scene. With Leo’s help, the officers apprehended Appellee and returned him to the police cruiser. The search of Appellee’s SUV yielded approximately two pounds of marijuana, found under the front hood in a bag lodged next to the air filter." |
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Quoted:
I thought officers already had the right ot search based on PC? Quoted:
After consideration of relevant federal and state law, we now hold that with respect to a warrantless search of a motor vehicle that is supported by probable cause, Article I, Section 8 of the Pennsylvania Constitution affords no greater protection than the Fourth Amendment to the United States Constitution. Accordingly, we adopt the federal automobile exception to the warrant requirement, which allows police officers to search a motor vehicle when there is probable cause to do so and does not require any exigency beyond the inherent mobility of a motor vehicle. I thought officers already had the right ot search based on PC? PA appears to have previously provided more protections, but is now in line with long-standing USSC precedent. |
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That was fast ! LOL |
