Commonwealth v. Cassatt

6 Pa. D. & C.5th 165
CourtPennsylvania Court of Common Pleas, Centre County
DecidedDecember 1, 2008
Docketno. CP-14-CR-1300-2008
StatusPublished

This text of 6 Pa. D. & C.5th 165 (Commonwealth v. Cassatt) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Centre County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Cassatt, 6 Pa. D. & C.5th 165 (Pa. Super. Ct. 2008).

Opinion

RUEST, J.,

Presently before the court is defendant David M. Cassatt’s motion to suppress filed on September 12, 2008. An amended motion to suppress was filed on November 3, 2008. Defendant claims that Patton Township Police Officer Mark Swindell did not have reasonable suspicion to stop defendant’s vehicle. A hearing was held on November 3,2008. Both parties submitted proposed findings of fact, conclusions of law and briefs. After consideration of the arguments, the court denies defendant’s motion to suppress. The court determines Officer Swindell had reasonable suspicion to stop defendant’s vehicle.

FINDINGS OF FACT

(1) Defendant was charged by criminal complaint dated June 15,2008 with one count of driving under the [167]*167influence pursuant to 75 Pa.C.S. §3802(a)(l), one count of driving under the influence pursuant to 75 Pa.C.S. §3802(a)(2), and one count of driving while operating privilege is suspended or revoked pursuant to 75 Pa.C.S. §1543(b)(l.l)(i).

(2) On June 14, defendant and his wife were at the McDonald’s fast food restaurant on North Atherton Street at approximately 2:30 a.m. in the drive-through lane.

(3) As defendant was attempting to order, he was asked to wait a minute, to which defendant in a joking manner responded that the employee should hurry up.

(4) Another employee then came on the loudspeaker and told defendant that if he wanted any food, he needed to come inside and see the manager.

(5) Defendant pulled his vehicle forward to the area in front of the drive-through lane where customers wait for orders, put his car in park, left the engine running, and went into the McDonald’s.

(6) The employee who apparently spoke to the defendant over the intercom system began yelling at defendant, and there was some yelling back and forth between the two individuals.

(7) At some point during the altercation, the manager, Shiv Javia, appeared and defendant spoke with him. Defendant was eventually given free food and left the restaurant. The employee who was involved in the altercation was told to leave, but was not fired.

(8) Julia Dahl, who was driving the vehicle sitting directly behind defendant’s vehicle, which was parked [168]*168in the drive-through lane with its engine on, called 911 and reported a possible DUI.

(9) Ms. Dahl provided a description of the vehicle being driven by defendant and the license plate number to the 911 operator.

(10) Ms. Dahl told the 911 operator that defendant was inside the restaurant yelling at an employee.

(11) Officer Swindell did not know what was going on when he received information from dispatch (both orally and in writing on the computer).

(12) The police dispatch report indicated a possible public intoxication at McDonald’s, described the type of vehicle being driven by the defendant, and indicated that the occupant of the vehicle was inside the restaurant yelling at employees.

(13) As Officer Swindell was driving to the McDonald’s restaurant, he received an address on Douglas Drive that corresponded to the license plate number provided by the informant, Ms. Dahl.

(14) On his way to McDonald’s, Officer Swindell observed what he believed to be a vehicle similar to the description provided by Ms. Dahl passing him on North Atherton Street traveling in the opposite direction.

(15) Officer Swindell turned his vehicle around on North Atherton Street and began following defendant’s vehicle, which made a left-hand turn onto Douglas Drive.

(16) Officer McElrath was also dispatched and proceeded to the McDonald’s restaurant where he spoke to [169]*169the manager, at which time the manager advised him that he did not want to proceed with any charges.

(17) Based upon all facts known to Officer Swindell, he suspected he was dealing with a potential disorderly conduct, fight, public intoxication, or DUI.

(18) Officer Swindell did not make any observations to support a suspicion that the defendant was driving under the influence.

(19) Once on Douglas Drive, Officer Swindell turned on his overhead lights in order to pull defendant over.

(20) Defendant eventually pulled into his driveway with Officer Swindell behind him, but only after Officer Swindell also put on his siren.

(21) As a result of the stop, defendant was arrested and charged with those offenses defined herein, and had a blood alcohol level of .084.

CONCLUSIONS OF LAW

(1) An officer may stop a car if he has reasonable suspicion to suspect that a violation of the Motor Vehicle Code is occurring. 75 Pa.C.S. §6308(b); Commonwealth v. Smith, 917 A.2d 848 (Pa. Super. 2007); Martin v. PennDOT, 588 Pa. 429, 905 A.2d 438 (2006).

(2) “There is no requirement that an actual violation be established, only that there be a reasonable basis for the officer’s action in stopping the vehicle.” Commonwealth v. Vincett, 806 A.2d 31, 33 (Pa. Super. 2002).

(3) A determination of reasonable suspicion is reached by a court by looking at the totality of the cir[170]*170cumstances and determining if there are facts to support a reasonable belief that the law is being broken. Commonwealth v. Smith, 917 A.2d 848 (Pa. Super. 2007); Commonwealth v. Fulton, 921 A.2d 1239 (Pa. Super. 2007).

(4) Circumstances giving rise to a reasonable suspicion must be viewed through the eyes of a trained officer. Commonwealth v. Hall, 713 A.2d 650, 653 (Pa. Super. 1998), citing U.S. v. Cortez, 449 U.S. 411, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981).

(5) “ ‘Reasonable suspicion’ does not require that the activity in question [be] unquestionably criminal before an officer may investigate further.” Commonwealth v. Ulman, 902 A.2d 514, 518 (Pa. Super. 2006), citing Commonwealth v. Rogers, 578 Pa. 127, 849 A.2d 1185 (2004).

(6) “[T]he totality of the circumstances test does not limit our inquiry to an examination of only those facts that clearly indicate criminal conduct. Rather, ‘even a combination of innocent facts, when taken together, may warrant further investigation by the police officer.’” Commonwealth v. Smith, 917 A.2d 848, 851 n.4 (Pa. Super. 2007), citing Commonwealth v. Cook, 558 Pa. 50, 57, 735 A.2d 673, 676(1999).

(7) There are three separate categories of interaction between police officers and citizens.

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Related

United States v. Cortez
449 U.S. 411 (Supreme Court, 1981)
Commonwealth v. Cook
735 A.2d 673 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Hall
713 A.2d 650 (Superior Court of Pennsylvania, 1998)
Commonwealth v. Kondash
808 A.2d 943 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Acosta
815 A.2d 1078 (Superior Court of Pennsylvania, 2003)
Martin v. DOT, Bureau of Driver Licensing
905 A.2d 438 (Supreme Court of Pennsylvania, 2006)
Commonwealth v. Swartz
787 A.2d 1021 (Superior Court of Pennsylvania, 2001)
Commonwealth v. Fulton
921 A.2d 1239 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Rogers
849 A.2d 1185 (Supreme Court of Pennsylvania, 2004)
Commonwealth v. Smith
917 A.2d 848 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Wiley
858 A.2d 1191 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Vincett
806 A.2d 31 (Superior Court of Pennsylvania, 2002)
Commonwealth v. George
878 A.2d 881 (Superior Court of Pennsylvania, 2005)
Commonwealth v. Ulman
902 A.2d 514 (Superior Court of Pennsylvania, 2006)

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Bluebook (online)
6 Pa. D. & C.5th 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-cassatt-pactcomplcentre-2008.