Commonwealth v. Freeman

150 A.3d 32, 2016 Pa. Super. 235, 2016 Pa. Super. LEXIS 630, 2016 WL 6439871
CourtSuperior Court of Pennsylvania
DecidedOctober 31, 2016
Docket3740 EDA 2015
StatusPublished
Cited by52 cases

This text of 150 A.3d 32 (Commonwealth v. Freeman) 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
Commonwealth v. Freeman, 150 A.3d 32, 2016 Pa. Super. 235, 2016 Pa. Super. LEXIS 630, 2016 WL 6439871 (Pa. Ct. App. 2016).

Opinion

OPINION BY

SOLANO, J.:

Appellant, Shaun Berkley Freeman, appeals from the judgment of sentence imposed after the trial court convicted him of possession with intent to deliver (marijuana), possession of a controlled substance (marijuana), and possession of drug paraphernalia. 1 Appellant claims the trial court erred in denying his motion to suppress evidence obtained as a result of a vehicle stop. After careful review, we affirm.

The trial court recounted the factual background as follows:

On February 25,2014, [Appellant] was stopped by Pennsylvania State Police Trooper Jonathan Gerken (“Trooper Gerken”) on Interstate Route 80 (“180”). Trooper Gerken was in full uniform on roving patrol in an unmarked vehicle. He observed a white Chevrolet Malibu traveling westbound on 180 in the right lane following a FedEx truck. Trooper Gerken stated that the Malibu was traveling too closely ... and then the Malibu made several unsafe lane changes. He then initiated a traffic stop of [Appellant’s] vehicle on Interstate Route 380 (“1380”). Upon approaching the vehicle, Trooper Gerken noticed an overwhelming odor of air fresheners coming from the vehicle. Trooper Gerken then questioned [Appellant] on his travels and he noticed that [Appellant] was acting nervous and somewhat short in his responses.
After running a CLEAN/NCIC check,[ 2 ] Trooper Gerken determined that [Appellant] had a valid license. However, a criminal background check indicated that [Appellant] had a 2005 arrest for a weapon out of New York. Trooper Gerken obtained a copy of the rental car agreement (“agreement”) which was a one-day rental from Hertz, New Rochelle, New York. The agreement required the vehicle to be returned to the same location on February 26, 2014 at 8 a.m. Trooper Gerken questioned [Appellant] further about his travel plans and [Appellant] changed his statement. Trooper Gerken then contacted his dispatcher for backup. Trooper Lindsay was dispatched and he arrived on scene a few minutes later. After *34 [Appellant] denied a request to search the vehicle, Trooper Gerken requested a K9 unit to perform an exterior search of the vehicle due to suspicion of criminal activity. Trooper Doblovasky and his K9, Micho, performed a perimeter search, at which time Micho indicated on the vehicle. [Appellant] was then transported back [to] the police barracks and an application for search warrant was made. After the search warrant was issued, [Appellant’s] vehicle was searched and 80 pounds of marijuana was discovered along with other paraphernalia. [Appellant] was charged with [the three aforesaid drug offenses]. On April 21, 2014, [Appellant] filed [an] Omnibus Pretrial Motion [seeking suppression]. On January 12, 2015, [the trial court] held a hearing[.]

Trial Court Opinion, 4/2/15, at 1-2.

On April 1, 2015, the trial court denied Appellant’s suppression motion. The case proceeded to trial on August 4,2015, at the conclusion of which the trial court rendered its guilty verdicts. On September 28, 2015, the trial court sentenced Appellant to 12 months less a day to 24 months less a day, with three years of probation, for possession with intent to deliver. The possession charge merged with the charge for possession with intent to deliver, such that no sentence was imposed for that conviction. With respect to possession of drug paraphernalia, the court imposed a sentence of one year of probation, to run concurrently with the three years of probation imposed for possession with intent to deliver.

Appellant filed a post-sentence motion October 6, 2015, which the trial court denied on November 23, 2015. Appellant filed this timely appeal on December 7, 2015. 3

On appeal, Appellant presents two issues for our review.

1. Has the Commonwealth carried its burden of proof at a suppression hearing where a defendant alleges that the vehicle stop was unlawfully made in violation of his rights under the Fourth Amendment and Article I Section 8 of the Pennsylvania Constitution, and the trooper offers conclu-sory testimony that a defendant’s vehicle was following too closely for conditions and made unsafe lane changes?
2. Should a canine sniff of a vehicle be suppressed when a defendant and his vehicle are forced to await the arrival of the canine unit while standing alongside an Interstate for over an hour in the February cold without a jacket and without reasonable suspicion or probable cause to suspect a crime had been committed, all in violation of a defendant’s rights under the Fourth Amendment and Article I Section 8 of the Pennsylvania Constitution?

Appellant’s Brief at 6.

Preliminarily, we reference our standard of review:

Our standard of review in addressing a challenge to the denial of a suppression motion is limited to determining whether the suppression court’s factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct. Because the Commonwealth prevailed before the suppression court, we may consider only the evidence of the Commonwealth and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole. *35 Where the suppression, court’s factual findings are supported by the record, we are bound by these findings and may reverse only if the court’s legal conclusions are erroneous. The suppression court’s legal conclusions are not binding on an appellate court, whose duty it is to determine if the suppression court properly applied the law to the facts. Thus, the conclusions of law of the courts below are subject to our plenary review. Moreover, appellate courts are limited to reviewing only the evidence presented at the suppression hearing when examining a ruling on a pre-trial motion to suppress.

Commonwealth v. Ranson, 103 A.3d 73, 76 (Pa. Super. 2014) (internal citations and quotations omitted).

We further note:

It is well-established that there are three categories of interaction between citizens and police officers. As our Supreme Court has clearly articulated:
The first of these is a “mere encounter” (or request for information) which need not be supported by any level of suspicion, but carries no official compulsion to stop or to respond. The second, an “investigative detention[,]” must be supported by a reasonable suspicion; it subjects a suspect to a stop and a period of detention, but does not involve such coercive conditions as to constitute the functional equivalent of an arrest. Finally, an arrest or “custodial detention” must be supported by probable cause.

Ranson, 103 A.3d at 76-77.

The Vehicle Stop

In his first issue, Appellant argues that the initial stop of his vehicle was unlawful. Appellant asserts that Trooper Gerken lacked “probable cause or reasonable suspicion” to initiate the traffic stop and assails Trooper Gerken’s testimony. Appellant’s Brief, at 16, 19-20.

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Cite This Page — Counsel Stack

Bluebook (online)
150 A.3d 32, 2016 Pa. Super. 235, 2016 Pa. Super. LEXIS 630, 2016 WL 6439871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-freeman-pasuperct-2016.