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Superior Court: Noise stops allowed, even if officer not trained |
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In a decision issued on April 25, 2008, a panel of the Pennsylvania Superior Court ruled that an investigatory stop of a car with a loud muffler was permitted where the investigating officer did not have any of the required, specialized training necessary to issue a noise citation for faulty exhaust. During the stop, the driver was arrested for DUI. No muffler violation was ever filed. This decision essentially validates a form of pretext stops in Pennsylvania. The full text of the case can be found here. The dissent raises serious and legitimate concerns about the potential for abuse that this decision permits.
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