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

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

    "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...”

    http://lancasteronline.com/news/loca...7a43b2370.html

    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.

    http://www.pacourts.us/assets/opinio...4602181959.pdf
    I am responsible for my writing, not your understanding of it.

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    Regular Member Maverick9's Avatar
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    WOW. That's very bad news.

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    Anyone reaches into my vehicle might just pull back a stump! Just sayin'...

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    Regular Member Baked on Grease's Avatar
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    Inherent mobility is now an exigent circumstance exception to the 4th...

    Incoming that anyone can be searched at any time because of their inherent mobility... ie ability to walk.

    Sent from my SGH-M919 using Tapatalk
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

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    Regular Member OC for ME's Avatar
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    Traffic stop = probable cause? You did break the law. Cop claims to smell weed = search.

    The real disappointment is the effort to comport with federal law. Those four judges certainly do not hold the state as sovereign and independent of the federal government.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Only the immobile, the quadra- and para-pelegic, are afforded protection under this interpretation of the Fourth Amendment. Unjust stupidity can run but it can't hide, pray that it will soon die, tired.
    I am responsible for my writing, not your understanding of it.

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