Legal Question in DUI Law in Pennsylvania
probable cause
I understand there is a dispute regarding whether ''reasonable suspicion'' or ''probable cause'' applies to traffic stops in PA. Something to do with the PA legislature passing an amendment, but because it wasn't a new law it might not apply.
Any comments or insight on this? Thanks.
1 Answer from Attorneys
Re: probable cause
there is no dispute. the law is not statutory, but a 4th amendment question of the exclusionary rule that is derived from case law, both federal and state. the bush administration greatly limited this constitutional protection, so some thing the cops have more leeway in searching us. however, new case law (with in a year and a half) gives passengers in car an expectation of privacy. this means a passenger in a car can now assert their 4th amendment rights. RS and PC is the wrong analysis for your question. [email protected]
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