COM., DEPT. OF TRANSP. v. Kline

741 A.2d 1281, 559 Pa. 646, 1999 Pa. LEXIS 3784
CourtSupreme Court of Pennsylvania
DecidedDecember 22, 1999
StatusPublished
Cited by29 cases

This text of 741 A.2d 1281 (COM., DEPT. OF TRANSP. v. Kline) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
COM., DEPT. OF TRANSP. v. Kline, 741 A.2d 1281, 559 Pa. 646, 1999 Pa. LEXIS 3784 (Pa. 1999).

Opinion

OPINION

ZAPPALA, Justice.

We granted allowance of appeal in this case to determine whether a county deputy sheriff, who has completed the deputy sheriffs basic training course, the driving while under the influence modules given to municipal police officers under Act 120, 1 and training in field sobriety test administration, qualifies as a “police officer” for purposes of enforcing the Vehicle Code under the rationale of this Court’s holding in Commonwealth v. Leet, 537 Pa. 89, 641 A.2d 299 (1994). The Commonwealth Court held that the foregoing training failed to meet the requirements of Leet. We now reverse.

The facts are not in dispute. On May 18-19, 1996, the Clinton County Sheriffs Department, with assistance from five area municipal police departments, conducted a sobriety checkpoint on State Route 150 in Beech Creek Township, Clinton County, from approximately 11:30 p.m. until 3:45 a.m. At around 2:00 a.m., Appellee was stopped at the checkpoint by Clinton County Deputy Sheriff James Worden. While speaking with Appellee, Deputy Worden detected the odor of *649 alcohol and asked Appellee if she would submit to field sobriety tests. Appellee agreed and was turned over to Deputy Sheriff Michael J. Johnstonbaugh, who administered the tests. Appellee failed the tests and was arrested by Deputy Johnstonbaugh for driving under the influence of alcohol in violation of Section 3731(a) of the Vehicle Code, 75 Pa.C.S. § 3731(a). Deputy Johnstonbaugh further requested Appellee to submit to a blood alcohol test, which she refused.

Deputy Johnstonbaugh subsequently filed criminal charges against Appellee and reported her refusal of chemical testing to Appellant, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing. Appellant then notified Appellee that as a result of her refusal to submit to chemical alcohol testing, her license was being suspended for a period of one year in accordance with Section 1547 of the Vehicle Code. 2

On July 30, 1996, Appellee filed a statutory appeal from the one-year suspension of her operating privilege with the common pleas court. De novo hearings regarding Appellee’s statutory appeal were conducted on November 14, 1996, and on May 19, 1997. By agreement of the parties, the only issue before the court was whether Appellee had been arrested by a “police officer” within the meaning of Section 1547(a). As noted, Section 1547 provides for a driver’s implied consent to submit to chemical alcohol testing where “a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle ... while under the influence of alcohol....” 75 Pa.C.S. § 1547(a)(1) (emphasis added). Specifically, Appellee *650 challenged Deputy Johnstonbaugh’s legal authority to arrest her since, she maintained, as a deputy sheriff, he was not a “police officer” authorized to enforce the Vehicle Code. 3

After conducting hearings at which Appellant presented evidence regarding Deputy Johnstonbaugh’s training, by opinion and order dated May 29, 1997, the common pleas court sustained Appellee’s appeal concluding that the training Deputy Johnstonbaugh received did not constitute “the same type of training” received by municipal police officers so as to qualify him as a “police officer” for purposes of enforcing the Vehicle Code under this Court’s holding in Leet. Appellant filed a timely appeal to the Commonwealth Court from the common pleas court’s decision. On February 6, 1998, the Commonwealth Court affirmed the decision of the common pleas court and also held that Deputy Johnstonbaugh did not have sufficient training pursuant to Leet.

In Leet, this Court held that deputy sheriffs have authority to make warrantless arrests for motor vehicle violations committed in their presence. We concluded that the common law powers historically conferred upon sheriffs include “the power to enforce the motor vehicle code, and that such powers have not been abrogated by statute or otherwise.” Leet, 641 A.2d at 301. Despite our finding that sheriffs retain their common law authority to enforce the motor vehicle code, we nevertheless agreed with the assertion that “anyone who enforces the motor vehicle laws should be required to undergo training appropriate to the duties.” Id. at 303. Thus, we held:

It is certainly within the proper function of government and in keeping with the realities of the modern world to require adequate training of those who enforce the law with firearms. Policemen, to whom the legislature has given primary responsibility for enforcement of the motor vehicle code, are required by statute to undergo formal training *651 prior to enforcing the law. We deem this requirement to apply equally to sheriffs who enforce motor vehicle laws. Thus a sheriff or deputy sheriff would be required to complete the same type of training that is required of police officers throughout the Commonwealth.

Id. (footnotes omitted) (emphasis added).

Because the record was incomplete regarding the specific training the sheriff in Leet had received, we remanded the case for a finding “as to whether deputy sheriff Gibbons had completed appropriate law enforcement training____” Id. We noted our knowledge of the Deputy Sheriffs Education and Training Act, 71 P.S. § 2101 et seq., and the fact that it should be considered by the court when making its determination of whether Gibbons had completed the appropriate law enforcement training.

Here, despite the fact that the Commonwealth presented extensive evidence regarding the specific formal training Deputy Johnstonbaugh received, both the common pleas court and the Commonwealth Court held that unless Deputy Johnstonbaugh received the exact training municipal police officers receive pursuant to Act 120, i.e., unless Deputy Johnstonbaugh was certified pursuant to Act 120, he was without the authority to enforce the Vehicle Code. Both courts determined that our holding in Leet required such a conclusion. Additionally, both courts relied on the Superior Court’s decision in Commonwealth v. Roose, 456 Pa.Super. 238, 690 A.2d 268 (1997), wherein the court stated that “only certification under the Municipal Police Officers Education and Training Act, 53 Pa.C.S. § 740 et seq. is sufficient to comply with [the] requirement of Leet.” Common pleas court decision at 3, citing, Roose, 690 A.2d at 271 n. 4; See also Kline v. Dept. of Transp., 706 A.2d 909

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741 A.2d 1281, 559 Pa. 646, 1999 Pa. LEXIS 3784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-dept-of-transp-v-kline-pa-1999.