Now, the Defender Association and others are arguing that appellate courts should overturn the 2014 state Supreme Court decision, Commonwealth v. Gary, that cleared the way for that search by removing basic protections for drivers in Pennsylvania. Previously, the state had prohibited warrantless searches unless police could identify both probable cause to believe a crime is underway and “exigent circumstances,” requiring fast action. In Gary the court ruled that the smell of marijuana constituted probable cause and a car’s mobility in itself qualified as exigency.