Pennsylvania Supreme Court adopts the federal standard for the automobile exception and gives police the ability to search an automobile with probable cause only. They no longer need to show an exigent circumstance in addition to probable cause to justify a search without a warrant. In a 6-2 opinion authored by Justice McCaffery, the Court held [t]he prerequisite for a warrantless search of a motor vehicle is probable cause to search; no exigency beyond the inherent mobility of a motor vehicle is required. The consistent and firm requirement for probable cause is a strong and sufficient safeguard against illegal searches of motor vehicles, whose inherent mobility and the endless factual circumstances that such mobility engenders constitute a per se exigency allowing police officers to make the determination of probable cause in the first instance in the field. This ruling means that if the police stop your vehicle and have probable cause to believe it contains evidence of a crime, they may search the vehicle without a warrant and seize what they find within the vehicle. That evidence would then be admissible in a criminal prosecution against you. See the Courts opinion at pacourts.us/assets/opinions/Supreme/out/J-5-2013oajc%20-%201017924602181959.pdf?cb=1
Posted on: Thu, 01 May 2014 00:08:08 +0000
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