Opinion

Commonwealth v. One 1958 Plymouth Sedan (McGonigle)

  • 199 Pa. Super. 428
  • 186 A.2d 52
  • 1962 Pa. Super. LEXIS 563
Court
Superior Court of Pennsylvania
Filed
Nov 15, 1962
Status
Published
Author
Montgomery
On the bench
Bhodes, Ervin, Flood, Montgomery, Watkins, Woodside, Wright
Cited by
5 cases

The opinion

Dissenting Opinion by

Montgomery, J.:

Although the United States is rightfully proud of the various freedoms set forth in its Constitution, it also proudly boasts of another one not specifically mentioned. I refer to the freedom of travel from one state to another without visa or barrier.

As I read the opinion of the majority in this case, that freedom will exist no longer. If automobiles may be stopped at the state lines and searched for contra *435 band without cause or reason, traveling here will be no different than going from country to country in other parts of the world.

I find no reasonable cause in the present case for stopping and searching the automobile’ of the appellee; nor do I interpret any of the evidence or the contention of the Commonwealth as indicating that the search was consensual. The lower court was of the same opinion.

Therefore, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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