The Pennsylvania Superior Court ruled that police officers’ search of the defendant’s car was unlawful. An officer observed the defendant’s car, which was running, parked on the road at the foot of a private community. When the officer approached, the defendant exited the car and approached him with a slow, staggering gait. The officer smelled alcohol on the defendant’s breath and requested backup. Police arrested the defendant and then searched her car, where they found an eyeglass case containing suspected marijuana from underneath the driver’s seat. The defendant filed a suppression motion. The trial court denied the motion, and the Superior Court reversed. The Court ruled that the search of the vehicle was not incident to the defendant’s lawful arrest, and no other exception to the warrant requirement applied.
