Commonwealth v. Gary

• Decision Date: 14 May 2012
• Citation: 44 A.3d 1146
• Parties: COMMONWEALTH of Pennsylvania, Petitioner v. Shiem GARY, Respondent.
• Court: Pennsylvania Supreme Court

44 A.3d 1146

COMMONWEALTH of Pennsylvania, Petitioner

v.Shiem GARY, Respondent.

Supreme Court of Pennsylvania.

May 14, 2012.

OPINION TEXT STARTS HEREPetition for Allowance of Appeal from the Order of the Superior Court, No. 622 EAL 2011.

Prior report: Pa.Super., 29 A.3d 804.

ORDER

PER CURIAM.

AND NOW, this 14th day of May 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are:

a. Were the police permitted to conduct a warrantless search of defendant's SUV for marijuana where, during a traffic stop, they could smell marijuana emanating from the vehicle, defendant informed police that he had marijuana in the SUV, and the officers had not had the opportunity to obtain a warrant prior to stopping the vehicle?

b. Should this Court adopt the federal automobile exception to the warrant requirement?