Commonwealth v. Husky

15 Pa. D. & C.5th 188
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedAugust 3, 2010
Docketno. CR-848-2010
StatusPublished

This text of 15 Pa. D. & C.5th 188 (Commonwealth v. Husky) 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. Husky, 15 Pa. D. & C.5th 188 (Pa. Super. Ct. 2010).

Opinion

STEINBERG, J.,

The defendant, Ronald Husky, is charged with possession with intent to deliver a controlled substance,1 possession of drug paraphernalia,2 and driving without a license.3 Heroin was retrieved from the defendant’s vehicle after it was lawfully stopped for blocking an alleyway in the 200 block of North 12th Street in Allentown. Additionally, heroin [190]*190and a hypodermic needle were seized from the defendant after he was taken into custody.

On May 17, 2010, a “motion to suppress” was filed on behalf of the defendant alleging the following: (1) the “stop, search and seizure was conducted without reasonable suspicion or probable cause;” (2) the “search of the defendant’s vehicle was conducted without a warrant,” and (3) “the search and seizure of the defendant and his vehicle was overbroad.”4 The defendant maintains that, because of those constitutional missteps, the heroin and needle should be suppressed. A hearing on the motion to suppress was held on June 8, 2010.

The Commonwealth presented the testimony of Officer Kyle French and Sergeant Eric Heicklen at the suppression hearing. Officer French testified that at approximately 7 p.m., he was dispatched to the 200 block of 12th Street in Allentown regarding a disturbance involving a bald white male in a white vehicle who was upset about the loss of money or drugs. The original call was received from an anonymous source.

Officer French, who was in a patrol vehicle driven by Officer Jack DeWalt, observed a vehicle matching the description provided in the dispatch parked on 12th Street. The vehicle, a white Dodge Durango, was partially blocking Emmett Street, and preventing other vehicles’ from proceeding without interference.

Officer DeWalt turned the patrol vehicle around, and as he did so, the Durango pulled out and proceeded north on 12th Street. The patrol vehicle lights were then activated and a vehicle stop was initiated. The officers ex[191]*191ited their patrol vehicle, Officer French approached the passenger side, and Officer DeWalt the driver’s side. Two males were inside the vehicle, the defendant, who was the driver, and Collin Freitas, a bald white male. Officer DeWalt asked the defendant for his identification, but the defendant was unable to provide any documentation. The defendant was then asked to write down his name and date of birth, and when that information was checked, it was learned that the defendant’s license was suspended. As a result, both occupants were asked to step out of the vehicle where they were frisked. No weapons were discovered.

Sergeant Eric Heicklen, who also observed the Durango blocking the alleyway, arrived and learned that the defendant was not permitted to operate the vehicle. He permitted the defendant to contact his wife to drive the vehicle, but attempts to reach her proved unsuccessful. As a result, in preparation to tow the vehicle, an inventory search of the vehicle was conducted. Two bundles of heroin were discovered in the center console by Sergeant Heicklen. Both the defendant and Mr. Freitas were then arrested and searched. A bag of heroin was found in the defendant’s left front pants pocket, and later at headquarters, the hypodermic needle was discovered on him.

DISCUSSION

It is well-established that a forcible stop of a motor vehicle by the police constitutes a seizure triggering the constitutional protections of the Fourth Amendment. Commonwealth v. Clinton, 905 A.2d 1026, 1030 (Pa. Super. 2006) citing Commonwealth v. Campbell, 862 A.2d 659, 663 (Pa. Super. 2004). See Commonwealth v. [192]*192Knotts, 444 Pa. Super. 60, 64, 663 A.2d 216, 218 (1995) (“When police stop a vehicle in this Commonwealth for investigatory purposes, the vehicle, and its occupants, are considered ‘seized’ and the seizure is subject to constitutional constraints.”). Therefore, the decision by the police to stop the Durango operated by the defendant constituted a seizure, and requires this court to evaluate the lawfulness of that seizure. In other words, did the police have either probable cause or reasonable suspicion to initiate a stop of the vehicle.

Probable cause exists if the facts and circumstances within the knowledge of the police at the time of the stop are sufficient to justify a person of reasonable caution in the belief that an offense has been or is being committed. Commonwealth v. Luv, 557 Pa. 570, 575, 735 A.2d 87, 90 (1999) (citing Commonwealth v. Gibson, 536 Pa. 123, 130, 638 A.2d 203, 206 (1994)); see Commonwealth v. Oppel, 754 A.2d 711, 713 (Pa. Super. 2000). In order to establish reasonable suspicion, the police “must articulate specific observations which, in conjunction with reasonable inference derived from those observations, led [them] reasonably to conclude, in light of [their] experience, that criminal activity was afoot and that the person stopped was involved in that activity.” Commonwealth v. Bennett, 827 A.2d 469, 477 (Pa. Super. 2003). The information necessary to establish “reasonable suspicion” is less in terms of quantity and content than what would be required to establish probable cause. Commonwealth v. Cook, 558 Pa. 50, 59, 735 A.2d 673. 678 (1999); Commonwealth v. Shine, 784 A.2d 167, 170 (Pa. Super. 2001). Both, however, require an evaluation of the totality of the circumstances. Commonwealth v. Zhahir, 561 Pa. 545, 552, 751 A.2d 1153, 1156 (2000); Commonwealth v. Bryant, 866 A.2d 1143 (Pa. Super. 2005).

[193]*193Police can initiate an investigatory stop when they have reasonable suspicion of a Vehicle Code violation. Commonwealth v. Chase, 599 Pa. 80, 102,960 A.2d 108, 120 (2008); Commonwealth v. Muhammed, 992 A.2d 897, 900 (Pa. Super. 2010); Clinton, 905 A.2d at 1030. Section 6308 of the Vehicle Code provides:

“Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle’s registration, proof of financial responsibility, vehicle identification number or engine number or the driver’s license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title.” 75 Pa.C.S. §6308(b). (emphasis added)

In that regard, the constitution does not prevent the police from “stopping and questioning motorists when they witness or suspect a violation of traffic laws, even if it is a minor offense.” Chase, 960 A.2d at 113.5

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Bluebook (online)
15 Pa. D. & C.5th 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-husky-pactcompllehigh-2010.