New Court Opinion WILL affect Concealed Carry in Vehicles!!!!

[S&WOwner]

...I think the cop probably lied about the latter...

How did you come to that conclusion?

[Gunowner99]

As soon as they stop the vehicle, it gives them probable cause because under the law, even if you are caught speeding you have already committed the primary offense. This absolutely gives them right to search your vehicle now!!

Continued deterioration of our rights.

[sprrdhawk44]

My question is what happens if a cop claims he smells pot, searches the vehicle and finds no pot, but something else? Would that be admissible, or is that the whole fruit of the poisoned tree?

[zeroflat24]

My question is what happens if a cop claims he smells pot, searches the vehicle and finds no pot, but something else? Would that be admissible, or is that the whole fruit of the poisoned tree?

Absolutely it would. That kind of stuff happens all the time. People get pulled over for suspected DUI and get searched for illegal drugs or guns that "aren't registered" pretty much on a daily basis in PA.

[ideaman]

I read the following under "Probable Cause"

"......Police may briefly detain and conduct a limited search of a person in a public place if they have a reasonable suspicion that the person has committed a crime. Reasonable suspicion is a level of belief that is less than probable cause. A police officer possesses reasonable suspicion if he has enough knowledge to lead a reasonably cautious person to believe that criminal activity is occurring and that the individual played some part in it. In practice this requirement means that an officer need not possess the measure of knowledge that constitutes probable cause"

Since probable cause is more important for criminal law than civil law, it's going to be much easier for them to get away with 'Reasonable Suspicion".

[Tommahawk]

I read the following under "Probable Cause

Since probable cause is more important for criminal law than civil law, it's going to be much easier for them to get away with 'Reasonable Suspicion".

Thats what I'm saying. People can dance around the entire issue stating that "Probable Cause" is still needed, but if a officer sees that you are speeding this can lead to "reasonable suspicion" that another crime may be taking place. Thus the warrantless search.

People really need to understand how this works under the "new" warrantless entry into vehicles work. Just like the police have the option of turning off their microphones/cameras when speaking to someone. Very convienent for them.

Its your word against the officer's. A camera/voice recorder can't differentiate a smell, and the courts wil

Like most people on here I have already spoken to a officer who is a close friend of mine. His opinion is the same as mine as far as the ruling goes, and police are high fiving each other after this opinion.

[Big Dog]

Sounds like all stops will have the smell of pot from now on ..............

[Manxdriver]

OK, all together now, out loud, repeat after me: "I smell marijuana".


Look at that, you all passed, you are eligible to be cops in Pennsylvania. I feel much safer now!

Come back tomorrow and we'll see who can shoot straight enough to kill an unarmed kid or Grandma. Some of you, not all, but SOME, may actually be qualified to be Warminster cops!

[arjohnson]

Great news, I have visions of every car I see pulled over being searched. Free country lol.

[DreadPirateMoyer]

While the OP's title is a bit sensational and not technically correct (merely being pulled over probably won't fly as probable cause), this does set the precedent from my non-lawyer-but-not-an-idiot perspective that many, many cars stopped in traffic stops from here on out will conveniently reek of marijuana. It doesn't matter if the cop is right or not, of course, and they may not actually smell anything. Fact is, all the cop has to do is lie on his report or perjure himself in the court room (and how would you prove that he's lying/perjuring?) that he smelled marijuana when you gave him your license/registration, and bam, the whole car is torn apart and ransacked -- all justifiably.

Prior to this, like others said, the evidence acquired in searches like the above may or may not be suppressed depending on the judge. Now, it's all admissible. All the cop has to do is fake that he or she smells marijuana, and there's no way to disprove that except in the super-rare, once-in-a-lifetime scenario where you happen to have a recording device set up and the cop is stupid enough to mumble to themselves while searching your car that they didn't actually smell anything.

It's an awful ruling, and when they find your gun, who knows how they will react. This is not good for gun owners. This is not good for any Pennsylvanian.