Pa. Supreme Court alters police rules for warrantless vehicle searches

[Royinmontco]

Should go back to the previous state requirement to have a warrant.

Even when there are exigent circumstances? I usually agree with you, but if some little kid is screaming from a locked trunk on a hot summer day, I don't think the cops should need a warrant to pop the trunk.

[edit] Yes, it can be abused: "I heard something from the trunk, but then found all this marijuana!!!" But that's why we have top dollar lawyers!

[Krichardson]

So now what....seize and impound the the vehicle until a warrant is produced to allow for a search?

[GunLawyer001]

Cops can search whatever they want, the issue is whether they can use the evidence they find against us in court.

If a cop hears banging from inside the trunk, nothing stops him from getting that trunk open and rescuing the kidnapped woman or child or chickens or loose tire iron. He saves a life, maybe. Or he faces a Section 1983 lawsuit later, if he was wrong. The issue is whether he can use that evidence against the driver (you'd expect that the freed kidnapee might be willing to testify in any event.)

It's possible that every car being mobile is itself an exigent circumstance.

The truth is that it's not hard at all to get a friendly judge to issue a warrant, based upon alleged "smell of weed" or "furtive movements" or "guilty demeanor" or whatever buzz words seem to work best these days; so this is a paperwork issue more than a liberty issue.

[PAMedic=F|A=]

So now what....seize and impound the the vehicle until a warrant is produced to allow for a search?

They didn*t before.

[streaker69]

So now what....seize and impound the the vehicle until a warrant is produced to allow for a search?

If they seize it, they don't need a warrant. They then conduct an "inventory" to make sure there isn't a bomb inside.

[abner13]

Doesn't reasonable suspicion still equal exigent circumstance?

[ray h]

Doesn't reasonable suspicion still equal exigent circumstance?

Not exactly.
Suppose you got stopped for weaving, suspected DUI. You do a field sobriety test and pass it, The officers had better not searched your vehicle without your permission. They had probable cause because they had reason to believe you were under the influence, but they did not have exigent circumstance because there was no danger of you hurting anyone or leaving or destroying evidence while they had you out talking to you.
This could actually protects us of many things once we are pulled out of the vehicle, unless they suspect there's a bomb or something in the vehicle.
Suppose you got stopped for something and the officer asks you if you have a weapon, you have not renewed your LTCF because of Covid but you answer yes anyway, he pulls you out to search you and finds nothing on you because your gun is in the center console. If he continues searching the vehicle to find the gun he just broke the law. He may think a crime is being committed but there's no immediate need to search the vehicle without a warrant.

[pa350z]

https://www.wfmz.com/news/area/penns...ab92c2445.html

Means absolutely nothing. Nothing will change until an LEO would be held criminally liable for jamming up people on searches. IMHO

[JenniferG]

Once qualified immunity is removed completely then government paid employees including the police will go back to being somewhat acceptable. Until then the downward spiral of lawlessness will continue.

[markshere2]

Not exactly.
Suppose you got stopped for weaving, suspected DUI. You do a field sobriety test and pass it, The officers had better not searched your vehicle without your permission. They had probable cause because they had reason to believe you were under the influence, but they did not have exigent circumstance because there was no danger of you hurting anyone or leaving or destroying evidence while they had you out talking to you.
This could actually protects us of many things once we are pulled out of the vehicle, unless they suspect there's a bomb or something in the vehicle.
Suppose you got stopped for something and the officer asks you if you have a weapon, you have not renewed your LTCF because of Covid but you answer yes anyway, he pulls you out to search you and finds nothing on you because your gun is in the center console. If he continues searching the vehicle to find the gun he just broke the law. He may think a crime is being committed but there's no immediate need to search the vehicle without a warrant.

Dude, If Officer Friendly wants, you will ALWAYS fail a field sobriety test that is not objective. I am talking about HGN and touch your nose and one foot up and the ilk.

I reckon a " blow in the tube " test is pretty objective.