PA Supreme Court cannot be searched for carrying

[doxdsgn]

In Allentown case, state Supreme Court says police can’t search suspects just because they’re armed

On 4th Amendment grounds

Link to opinion: https://cases.justia.com/pennsylvania/supreme-court/2019-56-map-2017.pdf?ts=1559309636

 

[Chevy 2 65]

Good !

 

[JRT]

This is a big f*** you to any police who hassle people exercising there 2A right to open carry.

 

[strangenh]

A good case, with a good decision despite a rather unsympathetic set of facts surrounding the defendant. Probably why the state let it get that far, hoping the weight of other aspects of the case would sway the Court.

“When many people are licensed to do something, and violate no law by doing that thing, common sense dictates that the police officer cannot assume that any given person doing it is breaking the law,” Justice David Wecht wrote in the court’s lead opinion.

 

[wilson911]

All this means is they'll give another BS reason. "I smelled marijuana". Or they'll bring in a probable cause dog. If they want to search they will find a way.

 

[AHM]

All this means is they'll give another BS reason. ... bring in a probable cause dog.

Spoiler: Not just nope...

...but Nope Badger

Rodriguez v. United States​

​

 

[AHM]

P. S. This did not go unnoticed on Instapundit.

 

[Palladin]

Except in Philly, cause Philly don't give a shit

 

[Broc]

All this means is they'll give another BS reason. "I smelled marijuana". Or they'll bring in a probable cause dog. If they want to search they will find a way.

Then let them work hard at finding a way.

Would you rather have the court say "f*** it. Cops can search anyone"?

 

[Bonesinium]

Ruling changes nothing. Police have and will continue to search anyone they want for any reason they want. It will often remain illegal but it that’s rather moot when nothing happens to the cops anyways.

 

[Chevy 2 65]

Ruling changes nothing. Police have and will continue to search anyone they want for any reason they want. It will often remain illegal but it that’s rather moot when nothing happens to the cops anyways.

Correct. 99% of the time they are immune and protected.