COM. v. GARY

No. 26 EAP 2012

91 A.3d 102 (2014)

COMMONWEALTH of Pennsylvania, Appellant, v. Shiem GARY, Appellee.

Supreme Court of Pennsylvania.

Decided April 29, 2014.


Attorney(s) appearing for the Case

Hugh J. Burns Jr., Esq. , Grady John Gervino, Esq. , Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

Kathleen E. Martin, Esq. , Levant, Martin & Tauber, P.C., Pottstown, Alan J. Tauber, Esq. , Lindy & Tauber, Philadelphia, for Shiem Gary.

David Rudovsky, Esq. , Kairys, Rudovsky, Messing & Feinberg, Philadelphia, Leonard Sosnov, Esq. , Harrisburg, for PA Association of Criminal Defense Lawyers.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice McCAFFERY.

In this case, we again address the requirements in this Commonwealth for a warrantless search of a motor vehicle. After consideration of relevant federal and state law, we now hold that with respect to a warrantless search of a motor vehicle that is supported by probable cause, Article I, Section 8 of the Pennsylvania Constitution affords no greater protection than the Fourth Amendment...

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