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Supreme Court: Pennsylvania cops no longer need a warrant to search citizens’ vehicle
#1
"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.

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

Link to Lancaster Online
"The nine most terrifying words in the English language are, 'I'm from the government and I'm here to help.'" - Ronald Reagan

“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money” - Alexis de Tocqueville
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#2
Incrementalism.

Next step: Mandatory vehicle searches at ALL traffic stops.

Mark my fucking words. It may be a few years, but it'll be here eventually. If this can walk through like it did, then it only opens the door for more. Not to say cops didn't do this shit before anyway, but now they are attempting to legitimize it on a mass scale.
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#3
Quote:“This case does not eliminate the need for the police to have probable cause to search”

This makes PA law the same as federal and many other states including NJ. PA police may have to get better at finding probable cause where none exists.
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#4
Quote:“This case does not eliminate the need for the police to have probable cause to search”

Despite the terrible headline, they still need a warrant unless they have probable cause. Before they needed a warrant even with probable cause except in extreme conditions.. If you left your cocaine out on the seat they could take it right away but the marijuana under it would not be subject because it wasn't seen. They had to leave that shit on the seat until they got a warrant. :-) It was sort of ridiculous. Though I have to admit I prefer them having to get a warrant even if they see the bag of cocaine. They should have to remove you from the car and detain you while waiting for the rubber stamp warrant to come in. Simply, it makes them think before doing something stupid.


pinhead1979;142281 Wrote:Incrementalism.

Next step: Mandatory vehicle searches at ALL traffic stops.

Mark my fucking words. It may be a few years, but it'll be here eventually. If this can walk through like it did, then it only opens the door for more. Not to say cops didn't do this shit before anyway, but now they are attempting to legitimize it on a mass scale.
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#5
http://lancasteronline.com/news/local/su...b2370.html


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.

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.”

“This is a significant change in long-standing Pennsylvania criminal law, and it is a good one,” Lancaster County District Attorney Craig Stedman said Wednesday afternoon.

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, like FBI or ATF agents, can search, regardless.)

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

“The prerequisite for a warrantless search of a motor vehicle is probable cause to search,” McCaffery writes in the opinion. “We adopt the federal automobile exception... which allows police officers to search a motor vehicle when there is probable cause to do so...”
Stirpot
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#6
^Threads merged. Cool
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#7
ExcelToExcel;142316 Wrote:
Quote:“This case does not eliminate the need for the police to have probable cause to search”

Despite the terrible headline, they still need a warrant unless they have probable cause. Before they needed a warrant even with probable cause except in extreme conditions.. If you left your cocaine out on the seat they could take it right away but the marijuana under it would not be subject because it wasn't seen. They had to leave that shit on the seat until they got a warrant. :-) It was sort of ridiculous. Though I have to admit I prefer them having to get a warrant even if they see the bag of cocaine. They should have to remove you from the car and detain you while waiting for the rubber stamp warrant to come in. Simply, it makes them think before doing something stupid.


pinhead1979;142281 Wrote:Incrementalism.

Next step: Mandatory vehicle searches at ALL traffic stops.

Mark my fucking words. It may be a few years, but it'll be here eventually. If this can walk through like it did, then it only opens the door for more. Not to say cops didn't do this shit before anyway, but now they are attempting to legitimize it on a mass scale.

We didn't need a warrant before to search a car at the side of the road...we only needed three things.. 1) Probable cause. 2) an immediately mobile vehicle. And 3) lack of prior knowledge that the vehicle would contain evidence a crime.

It's been this way since the 80's but the courts in PA have hands out a ton of contradictory rulings that have confused the police, the prosecutors, and even the courts themselves. All the supreme court did was clean up the mess and adopt the federal standard. If you read the decision you will see them quote 62 pages of decisions... a Hodge podge of mess.
steelcityk9cop, proud to be a member of pa2a.org since Sep 2012.
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#8
Probable reasonable suspicion is fine with me. I don't understand why an officer would do so anyway. I'd prefer a warrant because that means they take searching a vehicle or person or home as seriously as it is. I don't really understand why it isn't done far more often. Is it really that much of a pain in the ass?


steelcityk9cop;142351 Wrote:
ExcelToExcel;142316 Wrote:Despite the terrible headline, they still need a warrant unless they have probable cause. Before they needed a warrant even with probable cause except in extreme conditions.. If you left your cocaine out on the seat they could take it right away but the marijuana under it would not be subject because it wasn't seen. They had to leave that shit on the seat until they got a warrant. :-) It was sort of ridiculous. Though I have to admit I prefer them having to get a warrant even if they see the bag of cocaine. They should have to remove you from the car and detain you while waiting for the rubber stamp warrant to come in. Simply, it makes them think before doing something stupid.

We didn't need a warrant before to search a car at the side of the road...we only needed three things.. 1) Probable cause. 2) an immediately mobile vehicle. And 3) lack of prior knowledge that the vehicle would contain evidence a crime.

It's been this way since the 80's but the courts in PA have hands out a ton of contradictory rulings that have confused the police, the prosecutors, and even the courts themselves. All the supreme court did was clean up the mess and adopt the federal standard. If you read the decision you will see them quote 62 pages of decisions... a Hodge podge of mess.
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#9
Just another nail in the coffin of liberty.
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#10
so if you arent doing anything stupid....what do you have to worry about?
"Fighting for peace is like screwing for virginity"

goofin, proud to be a member of pa2a.org since Sep 2012.
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