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Thread: PA Supreme Court Erodes Liberty and Dumps of the PA Constitution

  1. #1
    Regular Member OC for ME's Avatar
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    Thumbs down PA Supreme Court Erodes Liberty and Dumps of the PA Constitution

    PHILADELPHIA (CBS) - A recent ruling from Pennsylvania’s highest court could have a big impact on your privacy rights during a car stop.

    Pennsylvania traditionally provided broader privacy protection than the US Constitution. For decades, police in the Commonwealth had to get obtain warrant from a judge before they could do a car search unless time was of the essence or the evidence could be lost or destroyed. But now, the Pennsylvania Supreme Court’s 4 to 2 decision in Commonwealth v. Gary changes the rule.

    http://philadelphia.cbslocal.com/201...ch-cars-in-pa/
    Unfortunate, very unfortunate. Carry sterile will take on a whole new meaning in PA.....or should anyway.

    MR. JUSTICE McCAFFERY

    DECIDED: April 29, 2014

    In this case, we again address the requirements in this Commonwealth for a warrantless search of a motor vehicle. 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...81959.pdf?cb=1
    Security From Searches and Seizures

    Section 8.

    The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed by the affiant.
    My sympathies to the good citizens of PA.
    "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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    4/30/14 PASC: Pennsylvania cops no longer need a warrant to search citizens’ vehicle

    I am responsible for my writing, not your understanding of it.

  3. #3
    Regular Member OC for ME's Avatar
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    I even posted in that thread.

    "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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