In the Int. of: I.M.S., a Minor
124 A.3d 311
| Pa. Super. Ct. | 2015Background
- Juvenile (I.M.S.) was a passenger in a car stopped for an inoperative headlight; driver Jordan Cox gave inconsistent travel answers.
- Cox admitted Juvenile had been smoking marijuana and was unsure whether Juvenile’s drawstring knapsack contained marijuana.
- Officer Barnes removed Juvenile, observed marijuana flakes on his clothing and smelled burnt marijuana; Juvenile acknowledged drugs in the bag.
- Cox consented to a vehicle search; officers searched the car and the knapsack (located within reach on the backseat floor) and found marijuana and paraphernalia.
- Juvenile was charged with delinquency (possession of marijuana and drug paraphernalia), moved to suppress the bag evidence, lost the suppression motion, was adjudicated delinquent, and appealed.
Issues
| Issue | Juvenile's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether evidence seized from Juvenile’s closed backpack in the car should have been suppressed because the driver’s consent did not authorize searching a passenger’s personal bag | The driver lacked actual/apparent authority to consent to search Juvenile’s bag; Juvenile had a reasonable expectation of privacy in his closed backpack and did not consent | Pennsylvania follows federal automobile-search doctrine (Gary); probable cause to search a vehicle permits searching passenger containers under Houghton; here officer also had probable cause/arrest authority for Juvenile | Affirmed — search of the bag was lawful. Gary aligns PA law with federal vehicle-search precedent; Houghton authorizes searching passenger containers when vehicle probable cause exists; officer also had probable cause/arrest to search incident to arrest |
Key Cases Cited
- In re T.B., 11 A.3d 500 (Pa. Super. 2010) (standard of review for suppression ruling)
- Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014) (Pennsylvania adopts federal automobile-search exception)
- Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (probable cause to search vehicle extends to passenger containers)
- United States v. Ross, 456 U.S. 798 (U.S. 1982) (vehicle search with probable cause may include containers that may hold the object of the search)
- Carroll v. United States, 267 U.S. 132 (U.S. 1925) (early precedent recognizing warrantless automobile searches where probable cause exists)