Opinion

Commonwealth v. Martin

  • 534 Pa. 136
  • 626 A.2d 556
  • 1993 Pa. LEXIS 142
Court
Supreme Court of Pennsylvania
Filed
Jun 8, 1993
Status
Published
Author
Papadakos
On the bench
Nix, C.J., and Larsen, Flaherty, Zappala, Papadakos, Cappy and Montemuro
Cited by
42 cases

holding that the use of a drug detection dog to sniff a person requires that police both be "lawfully in place at the time of the search [and] have probable cause to believe that a canine search of a person will produce contraband or evidence of a crime"

How later courts described this case

  • holding that the use of a drug detection dog to sniff a person requires that police both be "lawfully in place at the time of the search [and] have probable cause to believe that a canine search of a person will produce contraband or evidence of a crime"
  • explaining that, “although privacy may relate both to property and to one’s person, an invasion of one’s person is, in the usual case, [a] more severe intrusion on one’s privacy interest than an invasion of one’s property”
  • holding, inter alia, that Article I, Section 8 authorizes canine sniff search of person only when police have probable cause to believe that such search will produce contraband or evidence of crime
  • observing that “the State has a compelling interest to suppress illicit drug traffic”

Written by the judges who cited it.

The opinion

*149 PAPADAKOS, Justice,

dissenting.

Since it is clear to me that a satchel is a “thing” and not a “person” and I will not paraphrase the law of realty (that anything attached to realty is realty) so that the sniff law will read that anything attached to the person is person, I join in the dissent authored so ably by Mr. Justice Montemuro.

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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