Opinion
2012-05-14
COMMONWEALTH of Pennsylvania, Petitioner v. Shiem GARY, Respondent.
Petition 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?