Com. v. Encarnacion, J.

CourtSuperior Court of Pennsylvania
DecidedJanuary 6, 2026
Docket260 EDA 2025
StatusUnpublished

This text of Com. v. Encarnacion, J. (Com. v. Encarnacion, J.) is published on Counsel Stack Legal Research, covering Superior 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. v. Encarnacion, J., (Pa. Ct. App. 2026).

Opinion

J-S37021-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JUAN RAMON SEPEDRO : ENCARNACION : : No. 260 EDA 2025 Appellant :

Appeal from the Judgment of Sentence Entered December 16, 2024 In the Court of Common Pleas of Northampton County Criminal Division at No(s): CP-48-CR-0001108-2022

BEFORE: DUBOW, J., KUNSELMAN, J., and STEVENS, P.J.E. *

MEMORANDUM BY KUNSELMAN, J.: FILED JANUARY 6, 2026

Juan Ramon Sepedro Encarnacion appeals from the judgment of

sentence entered after he was convicted of possession with intent to deliver

and related crimes.1 He challenges the denial of his motion to suppress

evidence obtained during a search of the vehicle he was driving. We affirm.

On March 25, 2022, Trooper John Stepanski of the Pennsylvania State

Police arrested and charged Encarnacion following a traffic stop. On August

17, 2022, Encarnacion filed omnibus pre-trial motions, including motions to

suppress both his statements and physical evidence from the traffic stop.

____________________________________________

* Former Justice specially assigned to the Superior Court.

1 35 P.S. § 780-113(a)(30) (possession of fentanyl with intent to deliver), (16)

(possession of fentanyl), and (32) (possession of drug paraphernalia). J-S37021-25

The trial court held a suppression hearing on March 28, 2023. The

Commonwealth presented the testimony of Trooper Stepanski and introduced

a video from the stop into evidence.

On June 21, 2023, the trial court entered an opinion on Encarnacion’s

suppression motion. The court found the following facts based on the evidence

from the suppression hearing:

1. On March 25, 2022, at approximately 11:54 a.m., Trooper John Stepanski of the Pennsylvania State Police, working with the Safe Highway Initiative through Effective Law enforcement Detection (SHIELD) unit, was traveling eastbound on I-78 in Williams Township, Northampton County, and observed an eastbound silver Jeep Cherokee following closely behind a commercial truck.

2. Trooper Stepanski also observed that the Cherokee had an obstructed license plate and it slowed its speed to below the speed limit while also weaving in its lane, encroaching on the dashed line and crossing the fog line.

3. Trooper Stepanski was operating a marked Pennsylvania State Police SUV in full uniform and initiated a traffic stop near the exit ramp for Exit 75 at Morgan Hill, Williams Township.

4. As Trooper Stepanski approached the driver, the driver already had his documents ready to hand them to the officer, which Trooper Stepanski characterized as unusual in his experience.

5. Trooper Stepanski asked the driver to exit the vehicle with his documents and come to the passenger side of the patrol vehicle.

6. Trooper Stepanski asked the driver if he had any weapons and the driver immediately lifted up his shirt to show his waistband.

7. Trooper Stepanski observed a new yellow construction hat on the passenger seat of the vehicle.

8. The driver was also wearing a yellow reflective shirt.

-2- J-S37021-25

9. [The driver, Encarnacion] stated that he was a carpenter and had been repairing a boat with a friend.

9. The vehicle was a silver Jeep Cherokee with a Rhode Island license plate.

10. [Encarnacion] told Trooper Stepanski that the vehicle was registered to his wife.

11. [Encarnacion] told Trooper Stepanski that he understood he was being pulled over for weaving while driving.

12. Trooper Stepanski testified that because [Encarnacion] appeared to be nervous, he told [Encarnacion] that he could be given a warning.

13. Trooper Stepanski testified that [Encarnacion] had a nervous demeanor, standing back from the window, and had his hands in his pockets.

14. Trooper Stepanski asked [Encarnacion] if there was anything illegal in the vehicle based upon his prior knowledge of [Encarnacion, Encarnacion’s] demeanor during the traffic stop, and Trooper Stepanski’s observation that [Encarnacion] had two cell phones in the car.

15. [Encarnacion] responded to the question of whether there was anything illegal in the car by saying “you want me to open it?” and Trooper Stepanski confirmed “can I search your car?” and [Encarnacion] replied “yeah you can see, yeah no problem.”

16. Trooper Stepanski confirmed whether [Encarnacion] could read English or Spanish and provided [Encarnacion] with a copy of the consent to search form in Spanish.

17. [Encarnacion] confirmed that he understood the form and asked for a pen, reviewed the form and signed it.

18. [Encarnacion] was advised that he could stop the search, which he acknowledged.

19. [Encarnacion] remained standing near the patrol vehicle and was not restrained.

20. Trooper Stepanski and Trooper Brian Konopka searched the vehicle.

-3- J-S37021-25

21. Trooper Stepanski observed that the plastic backing of the front passenger seat was loose, and when he looked inside the seat back, he could observe a brown paper bag inside the seat.

22. Trooper Stepanski removed the item, which was a kilogram- shaped package of white powder inside a vacuum-sealed bag, inside of the brown paper bag.

23. Trooper Stepanski completed the search of the vehicle and [Encarnacion] was taken into custody and given Miranda warnings.

24. [Encarnacion] stated that he understood the Miranda warnings and when asked if there was anything else in the vehicle, he responded that there was just one kilogram in the seat back.

Opinion, 6/21/23, at 1–4 (numbering in original; record citations and footnote

omitted). Additionally, the trial court credited Trooper Stepanski’s testimony

that he “had prior knowledge that this vehicle was going to be traveling on

Interstate 78 with possible suspected contraband.” See id. at 6 n.4; N.T.,

3/28/23, at 11.

The trial court denied Encarnacion’s motion, concluding in relevant part

that Encarnacion validly consented to a search during the traffic stop.

The case ultimately proceeded to trial on November 18 and 19, 2024.

The jury found Encarnacion guilty of the above offenses. On December 16,

2024, the trial court sentenced Encarnacion to serve 90 to 180 months of

confinement, concurrent with one year of state probation. No post-sentence

motion is included in the record; however, on December 19, 2024, the trial

court entered an order denying Encarnacion’s motion for reconsideration.

Encarnacion timely appealed. Encarnacion and the trial court complied

with Pennsylvania Rule of Appellate Procedure 1925.

-4- J-S37021-25

In this appeal, Encarnacion presents two related challenges to the trial

court’s order denying his motion to suppress evidence:

A. Did the Court commit error by failing to suppress evidence seized during the warrantless search of [Encarnacion’s] vehicle while [Encarnacion] was unlawfully detained?

B. Was it error for the Court to fail to suppress evidence seized during a warrantless search?

Encarnacion’s Brief at 4.

Encarnacion contends that the video of the stop does not show him

following too closely or committing lane violations. He argues that the purpose

of the initial traffic stop was complete when Trooper Stepanski told him he

would give him a warning. Encarnacion argues that his continued seizure was

unlawful, including four minutes later when he consented to a search. He

concludes that the ensuing warrantless search was impermissible, and the trial

court should have granted suppression.

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Bluebook (online)
Com. v. Encarnacion, J., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-encarnacion-j-pasuperct-2026.