Cops In Pennsylvania Can Now Search Your Car Without a Warrant

[TheTailhound]

"May 23, 2014

The Pennsylvania Supreme Court ruled recently that police are allowed to search vehicles without a warrant. Meanwhile, the state General Assembly is advancing a bill to grant police authority to arrest those with “secret compartments” in their vehicles.

In a 4 to 2 decision weeks ago, the state Supreme Court decided that police could conduct searches of vehicles based solely on probable cause, or an officer’s reasonable belief that the vehicle contained illegal goods or evidence of a crime. The new standard puts the state in line with the federal law, which allows warrantless searches of vehicles.

Officers in the Keystone State were previously required to obtain a warrant prior to searching a vehicle unless the car’s owner gave consent for the search.

Writing for the majority in the ruling, Justice Seamus McCaffery said the probable-cause requirement for a search is “a strong and sufficient safeguard against illegal searches,” and will ensure that Pennsylvania officers adhere to a “uniform standard for a warrantless search of a motor vehicle, applicable in federal and state court, to avoid unnecessary confusion, conflict and inconsistency in this often-litigated area.”

Justice Debra McCloskey Todd, in a dissenting opinion, said the court was “eviscerating” longtime privacy protections by embracing the “diluted federal automobile exemption.”

The majority decision “heedlessly contravenes over 225 years of unyielding protection against unreasonable search and seizure which our people have enjoyed as their birthright,” Justice Todd added.

Civil liberties groups agreed. Dropping the demand for a search warrant is a major boost to police authority, said Reggie Shuford, executive director of the Pennsylvania ACLU.

“I think getting a warrant is significant because it is one more deterrent against bad police behavior,” Shuford told the PA Independent. “There was really no reason for the court to overturn the law. We have a long history of strong protections for individual rights in Pennsylvania.”


Read more at: http://thefreethoughtproject.com/cop...h-car-warrant/

THIS IS NUTS!!

[JW1914]

That doesn't mean they can search you without probable cause or reason. And I think this was posted last week if I remember correctly.

[TheTailhound]

That doesn't mean they can search you without probable cause or reason. And I think this was posted last week if I remember correctly.

I just saw it today on my FB news feed, thought i would share it. Also "probable cause" gives Law Enforcement a wide berth don't you think?

[JenniferG]

Like I said in the other thread "The words of the Constitution don't even come into play when making decisions by these judges obviously." The Constitution is dead.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The rewritten 4th amendment according the current Judge made up as they go along wording:

The right of the police for expediency sake shall search anyone, any place at any time no matter what. Little or no reason is required to make said searches. It shall be up to the police at the scene of suspected crime to determine what needs to be searched and any objections shall be null and void.

All fixed.

[G19]

That doesn't mean they can search you without probable cause or reason. And I think this was posted last week if I remember correctly.

Probable cause like saying "I smell drugs" or "I smell alcohol“ or "he looked like he was trying to hide something under the seat“. I'm sure there are many vague probable causes.

[HKusp 45]

"May 23, 2014

The Pennsylvania Supreme Court ruled recently that police are allowed to search vehicles without a warrant. Meanwhile, the state General Assembly is advancing a bill to grant police authority to arrest those with “secret compartments” in their vehicles.

In a 4 to 2 decision weeks ago, the state Supreme Court decided that police could conduct searches of vehicles based solely on probable cause, or an officer’s reasonable belief that the vehicle contained illegal goods or evidence of a crime. The new standard puts the state in line with the federal law, which allows warrantless searches of vehicles.

Officers in the Keystone State were previously required to obtain a warrant prior to searching a vehicle unless the car’s owner gave consent for the search.

Writing for the majority in the ruling, Justice Seamus McCaffery said the probable-cause requirement for a search is “a strong and sufficient safeguard against illegal searches,” and will ensure that Pennsylvania officers adhere to a “uniform standard for a warrantless search of a motor vehicle, applicable in federal and state court, to avoid unnecessary confusion, conflict and inconsistency in this often-litigated area.”

Justice Debra McCloskey Todd, in a dissenting opinion, said the court was “eviscerating” longtime privacy protections by embracing the “diluted federal automobile exemption.”

The majority decision “heedlessly contravenes over 225 years of unyielding protection against unreasonable search and seizure which our people have enjoyed as their birthright,” Justice Todd added.

Civil liberties groups agreed. Dropping the demand for a search warrant is a major boost to police authority, said Reggie Shuford, executive director of the Pennsylvania ACLU.

“I think getting a warrant is significant because it is one more deterrent against bad police behavior,” Shuford told the PA Independent. “There was really no reason for the court to overturn the law. We have a long history of strong protections for individual rights in Pennsylvania.”


Read more at: http://thefreethoughtproject.com/cop...h-car-warrant/

THIS IS NUTS!!

So exactly why it's this being allowed? looks like pa residents need to take control of this and demand this be revoked. How exactly have we gotten so far as to become a police state because that is what's happening. Just because the supreme Court felt this neccessry doesn't mean that it is. We are the majority not firearm owners but people on general. I'm pretty sure even the democratic folks have an issue with this.

[IIIIIREPOIIIII]

Probable cause like saying "I smell drugs" or "I smell alcohol“ or "he looked like he was trying to hide something under the seat“. I'm sure there are many vague probable causes.

How about the NRA sticker on your car?

[HKusp 45]

This really isn't a joke this needs to be revoked. Granted I'm not doing anything wrong that's beside the point this flat out negates the whole concept of freedom. I'm trying to figure out of there is any constitution left.

[CHEMICAL]

I have a feeling that it will be overturned by the SCOTUS.

[JW1914]

Probable cause like saying "I smell drugs" or "I smell alcohol“ or "he looked like he was trying to hide something under the seat“. I'm sure there are many vague probable causes.

Yes.... Obviously. I figured I didn't need to go into more detail because everyone here knows all that already. The point is the cop can't just say hey get out of your car I'm searching it for "no reason". Also there are things you should do if the officer says that he "smells marijuana odor" during a stop. First off would be that you should be recording the encounter, secondly your window should not be more than a few inches down because there is no reason to have it down and allow the officer to stick his head all up in your business to make certain false claims. and thirdly you should counter his claims with the truth that you and no one you associate with smoke drugs or deal with drugs in anyway. If he is really an asshole piece of shit and searches you anyways like so many would do, I would hope that said person would try his best to take it to court. Other than that.........