Police are cleared to conduct an otherwise illegal search as long as they get consent, the Pennsylvania Supreme Court has held in two recent decisions. The court ruled that a person does not have to know he or she has the right to refuse a warrantless search for that search to be valid. And in another case, a divided high court upheld an appeals court holding that a search the police conducted after telling a man he was free to go was a valid one.
September 07, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Police are cleared to conduct an otherwise illegal search as long as they get consent, the Supreme Court has held in two recent decisions.
In Commonwealth v. Cleckley, PICS Case No. 99-1659 (Pa. Aug. 23, 1999) Cappy, J.; Nigro, J. dissenting (16 pages), the court, with one judge dissenting, ruled that a person does not have to know he or she has the right to refuse a warrantless search for that search to be valid.
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