# Commonwealth v. One 1958 Plymouth Sedan (McGonigle)

> Superior Court of Pennsylvania · November 15, 1962 · 199 Pa. Super. 428

URL: https://www.frixlaw.com/law-library/cases/6284054

## Case

- **Full name:** Commonwealth v. One 1958 Plymouth Sedan (McGonigle)
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 15, 1962
- **Citations:** 199 Pa. Super. 428; 186 A.2d 52; 1962 Pa. Super. LEXIS 563
- **Precedential status:** Published
- **Opinion:** Dissent by Montgomery
- **Judges:** Bhodes, Ervin, Flood, Montgomery, Watkins, Woodside, Wright
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6284054

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6284054. Public record. Not legal advice.