Court Finds Exceptions to Search Warrants

by | Aug 26, 2008

Under Pennsylvania jurisprudence, the searches and seizures clause of Article 1, Section 8 of the Pennsylvania Constitution requires a search warrant for the search and seizure of an automobile unless the police have probable cause and exigent circumstances.

In Commonwealth v. Copeland, 2008 Pa. Super. 180 (2008), decided this month, the Superior Court of Pennsylvania found that probable cause and exigent circumstances existed to search an automobile pulled over upon a routine traffic stop where a police officer smelled marijuana emanating from the automobile, saw the defendant make furtive movements, he was wanted on a warrant, and the police officer received information over police radio that the individual was considered armed and dangerous.

Let’s watch to see if the defendant appeals this one.

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