The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys Personal Injury Attorney | Top 10 Attorney And Practice Magazines | 2017 America's top 100 Criminal Defense Attorneys | 2017 | top 100
Law Offices of Kelly & Conte Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

Criminal Defense Warrantless search of a car

Generally in the realm of Criminal Defense a main issue is the Warrantless search of a car by the police. In these car search cases, the defense is frequently challenging: 1) the initial stop of the vehicle; and/or 2) whether there was probable cause to conduct the search of the car. In these cases the defense argues; there was no probable cause to search the vehicle; and/or a warrant supported by probable cause was required under the circumstances. Indecent assault The law dealing with the government's right to search a car in Pennsylvania has changed drastically. In Commonwealth v. Gary, the PA Supreme Court adopted the federal automobile exception to the warrant requirement, which allows police officers to search a motor vehicle when there is probable cause to do so and does not require any exigency beyond the inherent mobility of a motor vehicle. In that case, the Court found there was probable cause to search because: the officers smelled marijuana, and the defendant attempted to flee the scene. Two pounds of marijuana was found under the hood of the car. This case makes it easier for police to conduct a warrantless search of a motor vehicle.

One case that Criminal Defense attorneys rely on in a Warrantless search of a car is Commonwealth v. White, in which the PA Supreme Court ruled to suppress drug evidence resulting from a warrantless search of defendant's vehicle when defendant was under arrest. The Court ruled that the search under the facts of that case was not an "inventory search" but rather a search conducted as part of a criminal investigation.  GPS devices The Court went on to say that: Merely arresting someone does not give police carte blanche to search any property belonging to the arrestee. Certainly, a police officer may search the arrestee's person and the area in which the person is detained in order to prevent the arrestee from obtaining weapons or destroying evidence, but otherwise, absent an exigency the arrestee's privacy interests remain intact as against a warrantless search.

No Comments

Leave a comment
Comment Information

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule Your Free Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Map & Directions