Local police and prosecutors are hailing last week's Pennsylvania Supreme Court ruling that says cops no longer need a warrant to search vehicles if they have probable cause that evidence or contraband is located inside.
Defense attorneys see the ruling as an erosion of rights and a chance for police officers to abuse their discretion during traffic stops.
The 4-2 ruling by the state's high court brings Pennsylvania law in line with a federal motor vehicle exception, which has allowed warrantless searches of vehicles since a 1925 Supreme Court ruling, Luzerne County First Assistant District Attorney Sam Sanguedolce said.
Pennsylvania had opted not to follow the ruling because states are allowed to have greater constitutional protections than federal law calls for, he said.
Sanguedolce said the change in Pennsylvania will aid law enforcement, but is not an erosion of rights for defendants because they still can challenge whether a police officer had probable cause after the search takes place.
"It's absolutely going to help. I spoke to some narcotics officers who are very happy with the decision because it makes it easier for them to find contraband in vehicles," Sanguedolce said.
The new standard will save a lot of valuable time, Sanguedolce added. Currently, police have to secure a vehicle, type up a search warrant, find the on-duty district judge, get the warrant signed and then execute the search, he said.
"You have to spend an exceptional amount of time to secure a vehicle and obtain a search warrant," Sanguedolce said.
Kingston police Chief Michael Krzywicki is glad to see the change.
"Obviously, it's very beneficial to us, as long as we act within the scope of our duties and it's not abused," Krzywicki said. "I don't see any department going out there and stopping every vehicle and searching every vehicle."
The chief said officers are instructed on the standard of probable cause and as long as their discretion is not abused, the change will save a lot of time and be an asset to police.
"When you look at the scope of the crime going on, this is another tool in our favor," Krzywicki said.
Those who may one day represent the suspects arrested as a result of the searches dislike the change.
"Is it that difficult to get a warrant?" asked attorney Tom Marsilio, a former prosecutor who is now a defense attorney. "They had to jump through some extra hoops. But the question now is, 'Are constitutional rights not being protecting by shortcutting some steps to allow a search?' "
Marsilio also sees the ruling as a possible slippery slope.
"From a defense standpoint, I have to ask the question: 'What's next?' " Marsilio said.
Fellow defense attorney Allyson Kacmarski, also a former prosecutor, said the change now takes trained prosecutors out of the equation in searches and allows police the sole discretion.
"When they had to get a search warrant, probable cause was reviewed by one of the attorneys, so there was another level of review," she said. "Taking the warrant out takes out the step of an attorney reviewing it to see if there is probable cause."