• Commonwealth v. Shaw

    Publication Date: 2021-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0212

    The trial court erred in finding that a search of defendant's vehicle was permissible under Pennsylvania's automobile exception to the warrant requirement as the ruling conflicted with recent precedent, including Commonwealth v. Barr wherein the superior court held that the odor of marijuana coming from a vehicle during a traffic stop, alone, is not sufficient to establish probable cause. The superior court vacated and remanded.