New rules for warrantless searches of vehicles in PA

[Lon]

PA Supreme Court rules that state constitution grants more protection that the US 4th Amendment.

Police must have probable cause as well as “exigent circumstances” in order to legally search a vehicle without a warrant, a divided Pennsylvania Supreme Court ruled Tuesday.

I’m actually surprised it has taken this long to see a ruling like this. Warrants are a lot easier to get now then back in the 1920’s when SCOTUS came up with the Carroll Doctrine. I wonder when other states will jump on the bandwagon. The really surprising thing is this didn’t come from the left coast.

https://www.google.com/amp/s/cumberl...c571c.amp.html

[TC215]

PA Supreme Court rules that state constitution grants more protection that the US 4th Amendment.



I’m actually surprised it has taken this long to see a ruling like this. Warrants are a lot easier to get now then back in the 1920’s when SCOTUS came up with the Carroll Doctrine. I wonder when other states will jump on the bandwagon. The really surprising thing is this didn’t come from the left coast.

https://www.google.com/amp/s/cumberl...c571c.amp.html

There are already other states that do this, New Mexico being one. And maybe New Jersey? Can’t remember.

[Lon]

There are already other states that do this, New Mexico being one. And maybe New Jersey? Can’t remember.

Huh. I didn’t know that. Learn something every day. Thanks.

[TC215]

Huh. I didn’t know that. Learn something every day. Thanks.

Now that I think about it, I believe NM and NJ require a search warrant when PC is based on a K9 alert. I’ll have to research it again.

[idahojess]

The really surprising thing is this didn’t come from the left coast.

Here is an article on a Washington vehicle search case from 2012. I'm pretty sure there have been some additional cases since then along the same theme.

https://www.seattletimes.com/seattle...icle-searches/

[WobblyPossum]

Vermont also does not recognize the Carroll Doctrine. Consent or a warrant are your options to search a vehicle.

[3-7-77]

Vermont also does not recognize the Carroll Doctrine. Consent or a warrant are your options to search a vehicle.

Same in Montana.

[jnc36rcpd]

Truth be told, I always assumed that probable cause was always a requirement for a Carroll Doctrine vehicle search or pretty much any other search (consent, border, and so forth excluded).

[DDTSGM]

Truth be told, I always assumed that probable cause was always a requirement for a Carroll Doctrine vehicle search or pretty much any other search (consent, border, and so forth excluded).

It does, but I think that the Supreme Court over the years has been back and forth on just what in the car can be searched - at one point closed containers were not allowed to be searched, then they were, and so on.

Remember, Carroll was a prohibition case, and the Court's desires as to what they want to allow has changed.

Some states probably just wanted create a bright line.