Automobile Searches

Can the police search your car?

The general rule in Pennsylvania for any search is that a search warrant is required. However, this requirement is subject to several exceptions. In addition to normal exceptions such as “plain view” (the incriminating evidence or contraband is within the “plain view” of the police while standing in an area they are authorized to be in), an exception to a search warrant for an automobile search is “exigent circumstances”, that is, to prevent destruction of evidence or danger to the police. Unless these circumstances exist, police may not search a car without a search warrant or the person’s consent.

Advertisements

Leave a comment

Filed under Criminal Law

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s