Legal Question in Criminal Law in Pennsylvania

Re: search of vehicles on PA. State Prison's

I am not sure that I understand your question. However, I will answer the question of, "can a co search a car and if so, is anything that is found admissible against a defendant in court?"

First, anyone can search anyone else's car. A law enforcement officer need not be the seraching party. I can search your car at your house and you could search my car at my house. The question then become is that act legal? If I were to break into your car and search it, I would be committing a crime. Therefore, there needs to be some legal rationale for the search. At the SCIs I have been to, there are signs that say that your vehicle is subject to search. The reason for that is the SCI is allowed to have its agents search vehicles is that they have a goal to keep contraband out of the prison and to keep the inmates and COs safe. The goal of safety is 'rationally related' to the act of searching the cars. Therefore, any agent of the governemnt can search cars on the SCI property.

The next question is whether it is admissible in court against the person who drove that car into the lot? The answer is that if the government has this rule that all vehicles are subject to search, it is a legal search. Your initial question goes to what is called, "state action." However, in my opinion, state action is not the issue, because any agent of the government working at the SCI, be it a maintenance man, a CO, a cop, or a state patrolman, are all state actors becuase of the unique situation involved at SCI parking lots.

Therefore, COs can lawfully search cars that enter, and the eveidence is admissible in court so long as the SCI follows a set procedure in its searches.

Good Luck. Feel free to email or call.