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Old 05-01-2014, 10:49 AM
Sidelle Sidelle is offline
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Pennsylvania's High Court Rules Police No Longer Need Warrant To Search Vehicles

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Pennsylvania police officers no longer need a warrant to search a citizen’s vehicle, the state’s Supreme Court ruled Tuesday.

Drivers in the state used to be able to refuse a warrantless search, but now their vehicles can be subject to search when a police officer determines there is “reasonable probable cause” to do so, the Intelligencer Journal reported.

The high court’s ruling, passed on a 4-2 vote, is being called a drastic change in citizens’ rights and police authority, the paper said.

“This is a significant change in long-standing Pennsylvania criminal law, and it is a good one,” said Lancaster County District Attorney Craig Stedman. “This case gives the police simpler guidelines to follow and (it) finally and clearly renders our law consistent with established federal law.”

“It is a ruling that helps law enforcement as they continue to find people in possession of illegal drugs,” said New Holland police Lt. Jonathan Heisse.
But critics say the ruling gives too much power to the police and will infringe on citizens’ privacy.

“It’s an expanding encroachment of government power,” defense attorney Jeffrey Conrad told the paper. “It’s a protection we had two days ago, that we don’t have today. It’s disappointing from a citizens’ rights perspective.”

In a dissent, Justice Debra Todd said the decision “contravenes over 225 years of unyielding protection against unreasonable search and seizure.” She calls the change “diametrically contrary to the deep historical and legal traditions” of Pennsylvania.
Is anyone else concerned about this?
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  #2  
Old 05-01-2014, 10:58 AM
Scikala Scikala is offline
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Nope, I live in a different state.

In the long run, yes.

We've had a steady decline in freedom under the guise of stopping terrorists for a long time, and with corporate america being allowed to run rampant, most recent being the FCC not fighting for open internet.,,ie appealing the court decision(Which I feel sorry for comcast people)

And sometimes I feel like it could get a lot worse before people would fight it.
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Old 05-01-2014, 10:59 AM
Goofier Goofier is offline
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Quote:
Shiem Gary filed the Philadelphia appeal, arguing that police didn’t have probable cause to search his vehicle on Jan. 15, 2010. Officers found two pounds of marijuana stashed under the vehicle’s hood.
LOL
Yeah, wonder why he appealed?
I'll talk to a cop buddy about it, but...
I was under the impression that if you refused, they'd just detain you while they get a warrant and it only made it more of a PITA for everyone.
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Old 05-01-2014, 11:02 AM
Glenzig Glenzig is offline
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Concerned? Yeah, slightly. I've never done drugs or anything like that, so I'm not really scared of police searching my car. But, that's not to say they couldn't "find" something in there if they really wanted to.

Surprised? Not even a little bit. Its basically what they were doing anyway, they've just removed your legal recourse to launch a civil suit. Humans have no real freedom anymore. It will only continue to get worse and worse.
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Old 05-01-2014, 11:13 AM
Skittlez Skittlez is offline
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Isn't this a direct violation of the US Constituition? Even if something happened wouldn't you be able to take it to the Supreme Court or another Federal level court?
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  #6  
Old 05-01-2014, 11:27 AM
Rogean Rogean is offline
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This has always been the case in most states. It says that if the police officer has probably cause, he can search without a warrant. It sounds like previously even if they SAW drugs sitting in plain site, they couldn't search. In any other state the officer would arrest you and search the car. So PA is just getting in line with most other states now.
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  #7  
Old 05-01-2014, 11:40 AM
Goofier Goofier is offline
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Yeah, things can be odd in a commonwealth, as opposed to a state.
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Old 05-01-2014, 11:42 AM
Tecmos Deception Tecmos Deception is offline
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Cops able to do something when they have probable cause that a crime is being/has been committed? MADNESS!
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Old 05-01-2014, 11:52 AM
Furniture Furniture is offline
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As rogean said this is nothing new and its always been that they can search your car under the 4th amendment with probably cause.

In NY and id imagine most if not all states this is the case. If a cop smells weed coming out of your car or can spot something that even resembles something illegal from outside of the car (like a joint roach or something) or anything like that then you can 100% expect your car to get searched and there isnt anything you can do about it. It would be kind of ridiculous to think that a cop should have to leave you and your car and go get a warrant before he can search it.

Its really not a big deal though. Keep your drugs/guns/kidnap victims at home. Keeping anything illegal in your car when you don't have to do is just plain stupid.
Last edited by Furniture; 05-01-2014 at 11:54 AM..
  #10  
Old 05-01-2014, 11:59 AM
Glenzig Glenzig is offline
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Quote:
Originally Posted by Skittlez [You must be logged in to view images. Log in or Register.]
Isn't this a direct violation of the US Constituition? Even if something happened wouldn't you be able to take it to the Supreme Court or another Federal level court?
You don't live in America do you?
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