MTS Cases Flashcards
What is Alexander about?
vehicle searches
Holding of Alexander
PA Const. requires both (1) probable cause and (2) exigent circumstances to justify a warrantless search of a car
Facts of Alexander`
Officer stops car driven by D. Officers smell weed and D states that he and his passenger smoked a blunt. Officers searched interior but found a metal box behind the driver’s seat. The box, opened with a key, contained drugs. He was convicted of PWID.
Warrantless vehicle searches require:
both probable cause and exigent circumstances
Burden in Alexander
The burden is on the CW to show that exigent circumstances in the particular case justify the search without a warrant.
Exigent circumstances
‘compelling need for official action and no time to secure a warrant
What is Hicks about
firearms and reasonable suspicion
Holding in Hicks
officer cannot just Terry stop merely from possession of concealed gun
Facts in Hicks
Officer obtained info that D had concealed weapon. Stopped him. Turns out he had a license, but office charged him with a DUI
Reasonable suspicion
articulable facts supportingreasonablesuspicionthat criminal activity is afoot
What is Barr about?
Plain smell of marijuana
Holding of Barr
Odor of weed alone is insufficient to justify warrantless search
Facts of Barr
Officer smelled odor of burnt weed and conducted search of car. Found drugs in console. D had medical marijuana card. Gun in backseat.
Cop stops guy who’s car smells like weed. Can cop search guy?
No - Barr
Guy walks around with concealed firearm. Can cop Terry search him?
No.
Guy is in car and admits he smokes. Can cops search his car?
Yes. But cannot search compartments inside of car.
