Local police: Updated vehicle-search law still requires probable cause

By Brandon Stoneburg

bstoneburg@eveningsun.com

@b_stoneburg on Twitter

The Pennsylvania Supreme Court recently gave its opinion on the fourth amendment as it pertains to drivers in the Keystone State. Police will no longer need a warrant to search a vehicle; it can be done based solely on probable cause.

Local police chiefs said while the policy is new, not much will change in how officers handle traffic stops and searches.

"There are no grave changes here because you still need probable cause, which is key," Penn Township Police Chief Jim Laughlin said. "Nobody is going to arbitrarily pull a vehicle over and search it."

There were already exceptions to warrant laws, Southwestern Regional Police Chief Gregory Bean said. For example, an officer didn't need a warrant to search a vehicle if illegal items were visible and there was probable cause, which Laughlin described as an officer using his senses to see or smell contraband, drugs or weapons.

A search could also be performed if the driver admits to being in possession of something illegal.

"If you have probable cause and articulate it, you can do an immediate search instead of holding the car and waiting for a warrant," Laughlin said. "Before, if you thought there was probable cause, but were denied access by the car operator, you would've had to wait."

A safeguard is still in place against any potential illegal searches. If the police officer fails to show or explain probable cause, the defendant could challenge it and the evidence could be thrown out, York County Chief Deputy Prosecutor Tim Barker said.

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Local police: Updated vehicle-search law still requires probable cause