946
Stevens, J., dissenting
the search of a car that he did not own. In making his argument, however, he noted that "the majority correctly characterizes Pennsylvania law regarding the 'automobile exception' to the warrant requirement." 543 Pa., at 104, 669 A. 2d, at 926 (emphasis added). And although he reviewed decisions of this Court on standing to claim violations of the Fourth Amendment, he went on to note: "Under Article I, Section 8 of the Pennsylvania Constitution, however, this Court looks to several additional factors to determine whether a criminal defendant has standing to challenge the admission of evidence against him." Id., at 106, 669 A. 2d, at 927 (emphasis added).
In White, Justice Castille stated that he believed that "the automobile exception to the warrant requirements of this Commonwealth should be a per se rule regardless of how much time police may have to obtain a warrant," 543 Pa., at 70, 669 A. 2d, at 909 (emphasis added), and he further concluded that he would "urge the adoption of a bright line rule that would allow warrantless searches of all automobiles for which police have independent probable cause," id., at 71, 669 A. 2d, at 909-910. Of course, if Justice Castille were interpreting federal, rather than state, law, he would not have the luxury of "urging the adoption" of a particular rule.5
Having reviewed the range of the Pennsylvania courts' statements regarding the source of the "exigent circumstances" rule, it is worthwhile to review this Court's understanding of when a state decision is based on adequate and independent state grounds. In Michigan v. Long, the Court adopted a "plain statement" rule for determining whether a state decision rested on "independent and adequate" state-law grounds. "[B]ecause of [our] respect for state courts,
5 Justice Castille also specifically noted that the Belton decision was not raised by the parties, and that the majority's discussion of it was dicta, further emphasizing that his emphasis on Pennsylvania law was related to the sole issue that he believed presented: whether a warrantless search of an automobile requires both probable cause and an exigent circumstance.
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