Supreme Court: Pennsylvania cops no longer need a warrant to search citizens’ vehicle

[Oldgamer]

And there goes some more freedoms and rights that citizens once had.. one by one, they knock down people rights.

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Link to News Article

Excerpts from article: "Under prior law, an officer who smells marijuana inside a car, for example, could only search the car with the driver’s consent — or if illegal substances were in plain view.

(Federal officers can search, regardless.)

Now, based on the opinion, it only takes reasonable probable cause for an officer to go ahead with the search without a warrant"

"It’s an expanding encroachment of government power,” defense attorney Jeffrey Conrad said Wednesday morning, while reviewing the opinion. “It’s a protection we had two days ago, that we don’t have today. It’s disappointing from a citizens’ rights perspective.”

Christopher Patterson, another veteran defense lawyer, said: “I am concerned that we are on a slippery slope that will eliminate personal privacy and freedom in the name of expediency for law enforcement.”

 

[Knowing]

Christopher Patterson, another veteran defense lawyer, said: “I am concerned that we are on a slippery slope that will eliminate personal privacy and freedom in the name of expediency for law enforcement.”

I'm fairly that net reductions in individual rights could be quantified to document that such a slope exists, and if it exists it stands to reason that we're on it.

 

[DCal430]

So you know this is the Pennsylvania supreme court. This isn't the SCOTUS.

 

[Oldgamer]

So you know this is the Pennsylvania supreme court. This isn't the SCOTUS.

Yes I am well aware, and you do realize that other states might follow this right?

 

[runzwithsizorz]

News Flash, the cops never ever really NEEDED a warrant. Once you are placed under arrest, you, and your vehicle can be searched, and you can be arrested for breathing.

 

[ch33zw1z]

News Flash, the cops never ever really NEEDED a warrant. Once you are placed under arrest, you, and your vehicle can be searched, and you can be arrested for breathing.

you're only recourse is to not consent to the search. even then it's a crap shoot about the judge believing you or the LEO about how it went down.

 

[HumblePie]

you're only recourse is to not consent to the search. even then it's a crap shoot about the judge believing you or the LEO about how it went down.

hidden dash cam with remote uploading to a cloud service which has a trigger to send copies to remote computers.

Of course that isn't easy or completely cheap to setup either. Then again, not keeping illicit substances in your vehicle is probably the best way to combat this.

 

[hal2kilo]

What the hell has happened to that state? Hicks take over?

 

[smackababy]

I am not sure how I feel about this. If a cop smells marijuana (and it has a distinct smell), wouldn't that give them probable cause to search anyway? Isn't that what the SC of Penn is upholding? The US SC has also stated that they can't just use drug sniffing dogs randomly, so it isn't like they can do that. The officer himself has to smell the pot, and then search the car.

Now, will this be "abused"? Probably. But, that doesn't mean it isn't valid.

 

[runzwithsizorz]

hidden dash cam with remote uploading to a cloud service which has a trigger to send copies to remote computers.

Of course that isn't easy or completely cheap to setup either. Then again, not keeping illicit substances in your vehicle is probably the best way to combat this.

True, but once they gain entry they can;
1: plant something, (did NOT happen to me)
2: confiscate anything that you don't have a receipt for. (DID happen to me)
3: confiscate pics of your girlfriend. (DID happen to me)

 

[Fern]

I thought it had long been held constitutional (by the SCOTUS) that the smell of MJ was 'probable cause'.

I see nothing new here.

Fern

 

[runzwithsizorz]

I thought it had long been held constitutional (by the SCOTUS) that the smell of MJ was 'probable cause'.

I see nothing new here.

Fern

"Who owns this car with the mag wheels, peace sign, and 4 on the floor"
Probable cause, yep, nothing new.
I'm dating myself aren't I ?

 

[Darwin333]

hidden dash cam with remote uploading to a cloud service which has a trigger to send copies to remote computers.

Of course that isn't easy or completely cheap to setup either. Then again, not keeping illicit substances in your vehicle is probably the best way to combat this.

Doesn't stop them from having you on the roadside for 2 or 3 hours while they tear your vehicle up and finally, after finding nothing, leave all of its contents on the roadside next to your vehicle.

 

[Fern]

"Who owns this car with the mag wheels, peace sign, and 4 on the floor"
Probable cause, yep, nothing new.
I'm dating myself aren't I ?

If you were thinking of alzheimer's, yes, you're dating yourself. That song, Uneasy Rider (by the CDP), has nothing to do with 'probable cause'.

My point stands, the smell of MJ had been ruled probable cause for a damn long time. No new right are lost by this state court decision.

Fern

 

[werepossum]

"Who owns this car with the mag wheels, peace sign, and 4 on the floor"
Probable cause, yep, nothing new.
I'm dating myself aren't I ?

lol great song.

 

[zanejohnson]

this matters not a bit...

where i live, if your pulled over.. your gonna get searched.. even my 60 year old mother gerts searched any time shes' pulled over........ Texas btw...

 

[ch33zw1z]

hidden dash cam with remote uploading to a cloud service which has a trigger to send copies to remote computers.

Of course that isn't easy or completely cheap to setup either. Then again, not keeping illicit substances in your vehicle is probably the best way to combat this.

all good points. although "evidence" can have a way of showing up in unexpected places.

 

[MagnusTheBrewer]

The police have never needed probable cause. If they want to search you they will. If they want to arrest you they will. If they want to play the shell game by putting you in a police van and shuttling you between precincts so, you can't make bail, they will.

I was stopped one night because someone they were looking for drove a similar car, the officer reached through the open window to a six pack I had in the back seat and removed a beer. He chucked it down the road and said, "looks like you been drinking, son." So that's the way it is, I held both wrists out the window and said, "take me away."

 

[runzwithsizorz]

If you were thinking of alzheimer's, yes, you're dating yourself. That song, Uneasy Rider (by the CDP), has nothing to do with 'probable cause'.

My point stands, the smell of MJ had been ruled probable cause for a damn long time. No new right are lost by this state court decision.

Fern

No sir, your point does not stand, though legally it might. After all, a black man driving a nice car is probable cause right? In spite of my alzheimer's I still remember being pulled over simply because I was out driving late. Not that my long hair, faded jeans, tie-dyed tee, and orange GTX with hooker headers, and glass packs, helped much, but the cops all swore that they smelled something.
Oh, and Fern, in spite of my alzheimer's, IIRC it was CDB, I have no idea of who CDP is. CCR yes, even I can remember. :biggrin: