Warrantless Vehicle Searches: What are the New Statutes that Protect You Against This?
Warrantless vehicle searches have been a persistent issue in the State of Pennsylvania. Even though the Fourth Amendment rights offer protection from illegal searches or seizures, this isn’t an absolute right! Why so?
There are certain exceptional instances where police officers can still conduct a search and seizure. For example, sometimes you may find police officers engaging in a search and seizure solely based on probable cause.
However, the rule for warrantless searches in Pennsylvania has become stricter. The State Supreme Court overturned its prior precedent, holding that police must now establish both probable cause and an exigent circumstance (an immediate emergency) to legally search a vehicle without a warrant. So, if you think that the cops have illegally searched your vehicle during a stop, seek counsel from a Pittsburgh criminal lawyer to make sure that your rights are protected.
The Landmark Case that Made it Possible
It all started back in May 2016 when Philadelphia police stopped Keith Alexander after smelling marijuana in his car. Eventually, they arrested Alexander and his friend.
Now, during a warrantless search of the vehicle, officers found a locked metal box, inside which they found heroin. Alexander was now charged with possession of drugs with intent to deliver.
Alexander challenged this search through a motion to suppress the evidence, but the judge denied the motion and convicted him. So, he further challenged the decision, stating that-
- The cops clearly lacked probable cause for the search.
- The cops also needed a warrant to search the metal lockbox.
The court disagreed with this for the reason that only probable cause was necessary to search the vehicle. And this power extended to searching for anything that might hold evidence.
Alexander then appealed to the Pennsylvania Supreme Court. He urged them to overturn or limit the prior ruling in the case of Commonwealth v. Gary.
The Supreme Court accepted the case. Basically, it wanted to determine if the federal standard was compatible with the privacy protections guaranteed by Article I, Section 8 of the Pennsylvania Constitution.
After a thorough review of the historical state precedents, the Court concluded that warrantless searches, justified by probable cause, indeed violate the Pennsylvania Constitution.
The Supreme Court then overturned Gary and established a new, more restrictive regulation- Pennsylvania police must now have both-
- A probable cause, and
- Exigent circumstances
It is only after this that the police can legally perform a warrantless vehicle search. This decision reversed the ruling against Alexander and sent his case back to the trial court for reconsideration.
To Conclude
So, if you are ever pulled over by the cops and feel that they are wanting to conduct an illegal search on your vehicle without any probable cause or exigent circumstance, make sure to call our Pittsburgh criminal lawyers right away. We will review the facts of your case and make sure to extract the best possible outcome, and help you walk away freely.
At the Logue Law Group, our experienced Pittsburgh criminal lawyers have only one aim- to get justice for our clients! Therefore, if you ever face such a situation, don’t panic, and exercise your right to call a Pittsburgh criminal lawyer right away. Reach out by calling 844.PITT.DUI today!