Com. v. Shaw, R. No. 289 MDA 2020
In Commonwealth v. Shaw, the defendant was convicted of possession of a controlled substance and possession of drug paraphernalia. The defendant appeals on the grounds that the trial court erred in not denying his motion to suppress. The defendant was stopped for failure to have properly illuminated license plates. Upon contact, the officer stated that he could smell the odor of marijuana. The officer told the defendant that the odor of marijuana is probable cause to search a vehicle. The defendant refused to consent to a search. The officer searched the vehicle anyway and discovered marijuana and drug paraphernalia. No contraband was found on the defendant’s person.
While this appeal was pending, the Pennsylvania Supreme Court decided the case of Commonwealth v. Alexander which overruled previous case law regarding probable and vehicle searches. The Supreme Court held that warrantless vehicle searches require both probable cause and exigent circumstances. Also while this appeal was pending, the Superior Court decided the case of Commonwealth v. Barr which held that the odor of marijuana alone is not sufficient to establish probable cause to search a vehicle. As a result of these two opinions, the defendants judgement of sentence is reversed and the case is remanded for further proceedings consistent with the decisions in Alexander and Barr.
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