Police roadside searches of vehicles just became more difficult for law enforcement in Pennsylvania. On December 22, 2020, the Pennsylvania Supreme Court handed proponents of individual privacy rights a major victory when it narrowed the right of law enforcement to conduct roadside searches of automobiles in Pennsylvania. In Commonwealth v. Alexander, the Court held that warrantless vehicle searches require BOTH probable cause and exigent circumstances and that law enforcement may no longer rely on the inherent mobility of a vehicle (recognized under federal law) as an exigent circumstance to permit warrantless searches based on probable cause. Now, where law enforcement only has probable cause to search a roadside vehicle, and no exigent circumstances are present, a search warrant must be secured. Read more here and listen in to the Podcast by attorneys Dan Bush & Steve Jarmon.
Dan Bush
Dan Bush is a criminal defense attorney at Lamb McErlane in West Chester, PA. He chairs Lamb McErlane’s criminal litigation department and is a partner in the firm. Dan is a former prosecutor in the Chester County District Attorney’s office and has over twenty years of experience prosecuting and defending individuals charged with a crime. dbush@lambmcerlane.com. 610-701-3266.
Steve is a criminal defense attorney and partner at Lamb McErlane PC in West Chester, PA.. He focuses his practice on criminal and civil matters. Steve began his career as a prosecutor for the Chester County District Attorney’s Office as an Assistant District Attorney before transitioning to criminal defense practice. sjarmon@lambmcerlane.com. 610-701-4414.
Lamb McErlane PC is a full service regional law firm based in West Chester, Pennsylvania with locations in Philadelphia & Newtown Square. Lamb McErlane has been serving the Region since 1971. The firm has built a reputation on delivering the highest caliber of legal service in an environment focused on personal attention and results. Lamb McErlane, Results Driven. Trusted Advisors. www.lambmcerlane.com. 610-430-8000.
#criminaldefensepodcast #legalpodcast #defenseattorney #vehiclesearch #searchwarrant
*This show is for general legal information only and should not be construed as legal advice on any subject matter.
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