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COMMONWEALTH of Pennsylvania, Petitioner v. Shiem GARY, Respondent

Supreme Court of Pennsylvania2012-05-14No. No. 622 EAL 2011
615 Pa. 61044 A.3d 1146

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Opinion

majority opinion

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?