Commonwealth v. Hausman

60 Pa. D. & C.4th 1, 2002 Pa. Dist. & Cnty. Dec. LEXIS 179
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedMay 22, 2002
Docketno. 2001/3672
StatusPublished

This text of 60 Pa. D. & C.4th 1 (Commonwealth v. Hausman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Hausman, 60 Pa. D. & C.4th 1, 2002 Pa. Dist. & Cnty. Dec. LEXIS 179 (Pa. Super. Ct. 2002).

Opinion

STEINBERG, J.,

After being treated at the scene of a two-car accident in the City of Allentown, the defendant has been charged with driving under the influence of a controlled substance1 and possession of drug paraphernalia.2 The defendant motions to suppress the statements she made at the scene and the evidence recovered. The defense also challenges the Commonwealth’s prima facie case by petitioning for a writ of habeas corpus, and motions to preclude the Commonwealth’s expert from testifying to the degree of the defendant’s impairment due to her use of heroin.

At an evidentiary hearing on defendant’s motion, the Commonwealth presented the testimony of Michael Matchette, a seven-year member of the Allentown Emergency Medical Service, Dr. Dean Fritch, a forensic toxicologist, and Officer Michael Billera, a six-year member of the Allentown Police Department. Based on this testimony, the transcript of the preliminary hearing,3 and the legal arguments of the parties, we make the following findings of fact and conclusions of law.

On August 18, 2001, at approximately 10:23 p.m., Officers Kristopher Vogt and Michael Billera responded to the scene of a two vehicle accident at 40th and Tilghman Street in the City of Allentown.4 The defendant’s car had rear-ended another vehicle that was [4]*4stopped at a red light.5 The defendant and her sister were trapped in their vehicle, which had sustained major front-end damage, and were being attended by paramedics.6 The defendant was in the front driver’s seat, and although she was covered in blood, she was conscious.7

After Emergency Medical Technician Michael Matchette treated the defendant, stabilized her, and placed her in a cervical collar, he asked if she had consumed any alcohol.8 The defendant indicated that she had not been drinking, but said that she had used heroin,9 although she could not remember exactly how many hours earlier.10 The defendant was then removed from the vehicle, strapped to a backboard and treated in the ambulance, where Officer Billera asked her if she had consumed any alcohol or drugs. She repeated to Officer Billera that she had used heroin, and admitted that she had a syringe in her pants pocket.11 A pair of scissors was utilized to cut the defendant’s pants pocket, and a bank envelope wrapped around an uncapped syringe was recovered.12 The defendant was then transported to the hospital where she was treated and blood was drawn. The defendant’s blood tested positive for heroin, yielding a result of 325 nanograms per milliliter total morphine.13

[5]*5The defense motions to suppress the defendant’s admission that she used heroin on the night in question, arguing that she was not given Miranda warnings. The Fifth Amendment protection against self-incrimination guaranteed by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), is only triggered when an individual is subject to custodial interrogation. Commonwealth v. Thompson, 778 A.2d 1215, 1221 (Pa. Super. 2001). Officer Billera’s questioning of the defendant in the ambulance14 did not necessitate Miranda warnings, as the defendant was not in custody or subject to interrogation.

“[Pjolice detentions become custodial when, under the totality of the circumstances, the conditions and/or duration of the detention become so coercive as to constitute the functional equivalent of arrest.” Commonwealth v. Mannion, 725 A.2d 196, 200 (Pa. Super. 1999). The standard for determining whether a suspect [6]*6has been subject to custodial detention or the functional equivalent of a formal arrest is an objective one based upon a totality of the circumstances. Commonwealth v. Gwynn, 555 Pa. 86, 98, 723 A.2d 143, 148 (1998). The Pennsylvania Superior Court has stated in Commonwealth v. Turner, 772 A.2d 970 (Pa. Super. 2001):

“The factors that the court considers to determine whether there has been a custodial interrogation include: the basis for the detention; its length; its location; whether the suspect was transported against his or her will, how far and why; whether restraints were used; whether the law enforcement officer showed, threatened or used force; and the investigative methods employed to confirm or dispel suspicions.” 772 A.2d 970, 973 (Pa. Super. 2001).

Although the defendant was strapped to a backboard and suffering from accident-related injuries, she was not in custody when Officer Billera asked her if she had consumed any alcohol or drugs. In Commonwealth v. Perry, 710 A.2d 1183, 1186 (Pa. Super. 1998), the court found that questioning by a police officer of the defendant, who was intoxicated, injured and awaiting treatment in a hospital emergency room, was proper where the questioning was the result of proper police investigative procedure. The court held that the questioning was not lengthy and the defendant’s presence in an emergency room did not de facto place him in custody. Id.

In Commonwealth v. Fento, 363 Pa. Super. 488, 494, 526 A.2d 784, 787 (1987), the court also held that the defendant was not in custody during his interview with a police officer in his hospital room. The court focused on the fact that “the only restraints placed on appellee [7]*7were created by his own medical condition as the result of the accident rather than any coercive action on the part of [the trooper]. Any restraint applied in this case was for medical purposes by medical personnel rather than investigative purposes by police officers.” Id. (emphasis added) As in Fento, she was not in custody, and Miranda, the defendant in the case sub judice could have expected her detention to last only as long as medically necessary, see id., and was restrained only by her medical condition. For those reasons, we find that she was not in custody and Miranda warnings were not necessary.15

[8]*8The defendant’s argument that the physical evidence was the fruit of an unlawful custodial interrogation fails in light of our determination that her statements are admissible and that she volunteered the information that she had a syringe in her pants pocket. Additionally, the defendant’s admission to heroin use defeats her argument that the police had no probable cause or reasonable suspicion to test her blood for controlled substances.

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Commonwealth v. Fento
526 A.2d 784 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Mannion
725 A.2d 196 (Superior Court of Pennsylvania, 1999)
Thomas v. West Bend Co.
760 A.2d 1174 (Superior Court of Pennsylvania, 2000)
Commonwealth v. Perry
710 A.2d 1183 (Superior Court of Pennsylvania, 1998)
Commonwealth v. Blasioli
713 A.2d 1117 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Topa
369 A.2d 1277 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Rick
366 A.2d 302 (Superior Court of Pennsylvania, 1976)
Commonwealth v. Whitehead
629 A.2d 142 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Thompson
778 A.2d 1215 (Superior Court of Pennsylvania, 2001)
Commonwealth v. Gwynn
723 A.2d 143 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Brown
711 A.2d 444 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Baez
720 A.2d 711 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Gibson
720 A.2d 473 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Saunders
691 A.2d 946 (Superior Court of Pennsylvania, 1997)
Commonwealth v. Turner
772 A.2d 970 (Superior Court of Pennsylvania, 2001)
Commonwealth v. Fisher
769 A.2d 1116 (Supreme Court of Pennsylvania, 2001)
Blum Ex Rel. Blum v. Merrell Dow Pharmaceuticals, Inc.
705 A.2d 1314 (Superior Court of Pennsylvania, 1997)
Frye v. United States
293 F. 1013 (D.C. Circuit, 1923)

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Bluebook (online)
60 Pa. D. & C.4th 1, 2002 Pa. Dist. & Cnty. Dec. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hausman-pactcompllehigh-2002.