Commonwealth v. Scott
210 A.3d 359
Pa. Super. Ct.2019Background
- On Feb 1, 2017, Philadelphia officers stopped Travis Scott for a faulty center brake light; he was sole occupant and car was registered to his mother.
- Officer Kerr smelled a strong odor of recently burnt marijuana and saw smoke; he observed Scott place a blunt in the center console.
- Officers ordered Scott out, patted him down (found nothing), placed him in the patrol car (not handcuffed), and searched the passenger compartment without consent.
- In the passenger area they recovered the blunt, a jar with marijuana, and a ski mask; the odor of burnt marijuana continued to permeate the car.
- Officers then searched the locked trunk and found a loaded .38 revolver wrapped in clothing. Scott moved to suppress the firearm; the trial court granted the motion.
- Commonwealth appealed arguing federal automobile-exception law (as adopted in Commonwealth v. Gary) permitted a trunk search once probable cause existed to search the vehicle.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Scott) | Held |
|---|---|---|---|
| Whether officers had probable cause to search the trunk after finding burnt marijuana and items in passenger compartment | Probable cause to search the vehicle for drugs existed (odor + recovered blunt and jar), and under the automobile exception officers may search any area where contraband may be hidden, including the trunk | The search exceeded probable cause: odor of burnt marijuana and marijuana found in passenger compartment did not create fair probability of additional contraband in trunk | Trial court (affirmed): No probable cause to search trunk; suppression of firearm affirmed |
Key Cases Cited
- Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014) (Pennsylvania adopts federal automobile-exception framework; probable cause alone permits warrantless vehicle searches)
- United States v. Ross, 456 U.S. 798 (U.S. 1982) (scope of warrantless vehicle search is defined by object of search and places it may be found)
- Commonwealth v. Stoner, 344 A.2d 633 (Pa. Super. 1975) (odor of marijuana can establish probable cause when officer is lawfully positioned)
- Commonwealth v. Manuel, 194 A.3d 1076 (Pa. Super. 2018) (probable cause requires a fair probability that contraband will be found in particular place)
- Commonwealth v. Bailey, 545 A.2d 942 (Pa. Super. 1988) (probable cause to search a vehicle can extend to the trunk when officer has facts creating a fair probability contraband is there)