Commonwealth v. One 1958 Plymouth Sedan (McGonigle)

Dissenting Opinion by

Montgomery, J.:

Although the United States is rightfully proud of the various freedoms set forth in its Constitution, it also proudly boasts of another one not specifically mentioned. I refer to the freedom of travel from one state to another without visa or barrier.

As I read the opinion of the majority in this case, that freedom will exist no longer. If automobiles may be stopped at the state lines and searched for contraband without cause or reason, traveling here will be no different than going from country to country in other parts of the world.

I find no reasonable cause in the present case for stopping and searching the automobile’ of the appellee; nor do I interpret any of the evidence or the contention of the Commonwealth as indicating that the search was consensual. The lower court was of the same opinion.

Therefore, I respectfully dissent.