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Police in PA no longer need warrants to search automobiles.

Discussion in 'Justice System, Criminal Lawyers' started by army judge, Apr 30, 2014.

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  1. army judge

    army judge Law Topic Starter Super Moderator

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    Things have just changed in PA.

    Where will this catch on next?

    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.

    That’s no longer the case, according to the opinion written by Supreme Court Justice Seamus McCaffery.

    The ruling, passed on a 4-2 vote, was made in regard to an appeal from a 2010 vehicle stop in Philadelphia.

    Local police and legal professionals are calling the opinion “big news.”




    http://lancasteronline.com/news/loc...fc6-d077-11e3-8025-0017a43b2370.html?mode=jqm
     
  2. CdwJava

    CdwJava Moderator

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    I don't see it as all that earth shattering as it brings PA into line with established federal standards for probable cause (and the odor of a controlled substance such as marijuana), and recognizes the exigency inherent with regards to a vehicle. If the decision is unpopular, the PA legislature can always amend state law to prohibit a search of a vehicle based solely on probable cause. In most other states a search would already be permissible under the circumstances outlined in the linked article.
     
  3. army judge

    army judge Law Topic Starter Super Moderator

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    And many people tend to give their permission to search when asked anyway. I was surprised to see that PA wasn't more in sync with other states.
     
  4. CdwJava

    CdwJava Moderator

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    Quite true.

    Ditto. I would have thought they'd be in line with most others. But, every so often on this and other forums I discover that some states have idiosyncrasies that each of us consider peculiar based upon our individual experience, education and understanding.
     

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