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Old 04-30-2014, 04:38 PM
 
1,075 posts, read 1,692,250 times
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PA police no longer need a driver's consent or exigent circumstances to search a vehicle. Police may now search a vehicle with probable cause alone.

Supreme Court: Pennsylvania cops no longer need a warrant to search citizens
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Old 04-30-2014, 04:56 PM
 
43,011 posts, read 108,004,288 times
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Bummer. Guess I'll have to behave. All kidding aside, this is a travesty.
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Old 04-30-2014, 05:41 PM
 
Location: Pittsburgh, PA
6,327 posts, read 9,148,549 times
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I hope someone tries to get the US Supreme Court to overturn this.
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Old 04-30-2014, 05:43 PM
 
Location: North Oakland
9,150 posts, read 10,887,444 times
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I guess you'll have to move your stash into the house, Kippy.
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Old 04-30-2014, 05:50 PM
 
1,303 posts, read 1,814,207 times
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Quote:
Originally Posted by bradjl2009 View Post
I hope someone tries to get the US Supreme Court to overturn this.
The US Supreme Court already decided this. There is already an automobile exception to the 4th amendment under federal law. The Pa Supreme Court merely stated in this decision that they were not willing to grant defendants greater rights under the state constitution as is already provided under the federal constitution.
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Old 04-30-2014, 07:04 PM
 
5,894 posts, read 6,879,034 times
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This is hardly earth-shattering. It's a big deal in PA because we did not adopt the vehicle exception, which the US Supreme Court adopted for Fourth Amendment searches way back in the 20s and affirmed in the 80s.

I mean I'm not happy that PA expanded things, but was more surprised to hear we weren't in line with the Feds & other states.

It does have 1 positive in that it can prevent a detention of an innocent person (previously in PA an officer could detain a motorist until he got a warrant if he had probable cause under the law)
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Old 04-30-2014, 07:07 PM
 
Location: Pittsburgh, PA
6,327 posts, read 9,148,549 times
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Quote:
Originally Posted by ny789987 View Post
The US Supreme Court already decided this. There is already an automobile exception to the 4th amendment under federal law. The Pa Supreme Court merely stated in this decision that they were not willing to grant defendants greater rights under the state constitution as is already provided under the federal constitution.
My mistake. I guess I thought better of the rights I thought I had as an American than in reality.
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Old 04-30-2014, 08:09 PM
 
2,538 posts, read 4,709,844 times
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Yep. All it takes now is the lying word of a cop(as if there is some other) to search a vehicle. The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. Until we honor those words nothing will change.
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Old 04-30-2014, 08:56 PM
 
43,011 posts, read 108,004,288 times
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Quote:
Originally Posted by UKyank View Post
This is hardly earth-shattering. It's a big deal in PA because we did not adopt the vehicle exception, which the US Supreme Court adopted for Fourth Amendment searches way back in the 20s and affirmed in the 80s.

I mean I'm not happy that PA expanded things, but was more surprised to hear we weren't in line with the Feds & other states.
I'm damn proud when states don't get in line with the feds on certain issues. The right to protection from unreasonable search and seizure is one of them. Colorado and Washington are my heroes, and I don't even smoke marijuana. I can't wrap my mind around it being 2014 and living with prohibition, people doing serious jail terms for nonviolent marijuana charges, and college students who don't qualify for financial aid as a result.
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Old 04-30-2014, 09:51 PM
 
2,950 posts, read 1,636,184 times
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Quote:
Originally Posted by Hopes View Post
I'm damn proud when states don't get in line with the feds on certain issues. The right to protection from unreasonable search and seizure is one of them. Colorado and Washington are my heroes, and I don't even smoke marijuana. I can't wrap my mind around it being 2014 and living with prohibition, people doing serious jail terms for nonviolent marijuana charges, and college students who don't qualify for financial aid as a result.
Yep. PA citizens just lost another one of their rights.

If a cop doesn't like your attitude he can say he smelled marijuana and search you and your vehicle.

If you have nothing on you the cop can say you recently smoked and take you in for a blood test.

If you come back negative from the blood test the cop can say you must have been around a person that recently smoked.

How do you prove that you or your vehicle had no odor of marijuana months later if you choose to go to court and claim the cop performed an illegal search? You can't. It's your word versus the cops.

Result: Your rights have been violated and there is not a damn thing you can do about it.

Seamus McCaffery needs to go. His stink is all over this.

Last edited by jburress; 04-30-2014 at 10:00 PM..
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