In a 2011 search warrant case that didn’t contain a automobile, the U.S. Supreme Courtroom listed as exigent circumstances the necessity to present emergency support, scorching pursuit of a fleeing suspect or the prospect of the destruction of proof.
Donohue’s opinion was joined by three of the opposite 4 Democrats on the court docket. Each Republican justices and Democratic Justice Kevin Dougherty dissented, arguing the 2014 precedent ought to stand.
“After we turn into untethered from our earlier selections, we immediately implicate this court docket’s credibility and our capability to successfully adjudicate the numerous forms of instances upon which litigants look to us for steering,” wrote Republican Justice Sallie Mundy.
She stated the earlier customary of possible trigger alone to justify a warrantless automobile search “supplied a bright-line rule already in impact” and “deferred to the wants of these we entrust with the tough job of policing.”
The court docket despatched the Philadelphia case that prompted the choice again to county court docket to extra absolutely look at whether or not exigent circumstances existed.
In that case, the defendant had been convicted of possession of heroin with intent to ship after a 2016 automobile cease by which medication had been recovered from a locked metallic field contained in the automobile he had been driving.
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