Commonwealth v. Knotts

663 A.2d 216, 444 Pa. Super. 60, 1995 Pa. Super. LEXIS 2251
CourtSuperior Court of Pennsylvania
DecidedAugust 9, 1995
StatusPublished
Cited by20 cases

This text of 663 A.2d 216 (Commonwealth v. Knotts) 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. Knotts, 663 A.2d 216, 444 Pa. Super. 60, 1995 Pa. Super. LEXIS 2251 (Pa. Ct. App. 1995).

Opinion

CIRILLO, Judge:

Ronald D. Knotts appeals from a judgment of sentence entered in the Court of Common Pleas of Washington County. We reverse.

On January 13, 1994, at approximately 8:00 a.m., Trooper Wendy Richards of the Pennsylvania State Police observed Knotts driving along Route 136 in a silver Oldsmobile Cutlass Calais. After Knotts had passed her vehicle, Trooper Richards pulled out behind him onto Route 136 and, after following Knotts for a brief period, signaled Knotts to pull off to the side of the roadway.

Trooper Richards did not see Knotts commit any traffic violations before she had signaled for him to pull over. Rather, Trooper Richards stopped Knotts because she had received a tip from an anonymous informant regarding an unsolved hit- and-run accident that had occurred at the intersection of Routes 519 and 136 in late December of 1993. The informant’s tip provided that a silver or light blue Oldsmobile Cutlass Calais was involved in the hit-and-run accident, and that this vehicle travels on Route 136 everyday between 8:00 a.m. and 9:00 a.m.

After Trooper Richards stopped Knotts, she informed him that she was investigating a hit-and-run accident and that she would like to take a look at the right side of his vehicle. Knotts offered no objection. Trooper Richards could not find *63 any damage to Knotts’ vehicle. Trooper Richards then advised Knotts that there was no damage to his vehicle, but that she would like to see his driver’s license and vehicle registration.

Knotts provided Trooper Richards with a registration and insurance card under the name of Ronald Delton Knotts. Knotts identified himself, however, as Vincent Knotts to Trooper Richards. Having experienced a similar situation a few months earlier, where the driver of a vehicle purported to be his brother, Trooper Richards returned to her vehicle and requested information via her radio for Ronald, as well as Vincent, Knotts. The results of Trooper Richards’ search established that Defendant Knotts was driving under a suspended license for a May, 1992 violation for driving under the influence of alcohol (DUD- 1 Knotts was subsequently charged with violating 75 Pa.C.S.A. § 1543(b) for driving while license is suspended or revoked, DUI related.

A trial was held before District Justice Jay Weller, at which time Knotts was found guilty of violating section 1543(b). Knotts appealed to the Court of Common Pleas of Washington County requesting a trial de novo. A trial de novo was held before the Honorable Debbie O’Dell Seneca on December 12, 1994, and Knotts was again found guilty of violating section 1543(b). Prior to Knotts’ conviction under section 1543(b), Judge Seneca rejected Knotts’ motion to suppress any information that Trooper Richards received concerning Knotts’ identification and driving record, which Knotts claims was obtained without probable cause.

On appeal, Knotts questions whether it was error for the trial court to admit evidence which had been obtained from an illegal investigatory stop. More specifically, Knotts argues that the trial court should have suppressed the evidence obtained by Trooper Richards regarding his identification and his driving record since Trooper Richards did not have probable cause to stop his vehicle.

*64 When we review an order denying a motion to suppress evidence, we must determine whether the factual findings of the trial court are supported by the evidence of record. Commonwealth v. Donahue, 428 Pa.Super. 259, 278, 630 A.2d 1238, 1247 (1993). In making this determination, this court may only consider the evidence of the Commonwealth’s witnesses, and so much of the witnesses for the defendant, as fairly read in the context of the record as a whole, which remains uncontradicted. Id. If the evidence supports the findings of the trial court, we are bound by such findings and may reverse only if the legal conclusions drawn therefrom are erroneous. Id.

At the hearing on the motion to suppress before Judge Seneca, Trooper Richards testified to the facts as described above. In light of this evidence, Knotts argued that the amount of information available to Trooper Richards at the time she stopped him was insufficient to justify the stop.

When police stop a vehicle in this Commonwealth for investigatory purposes, the vehicle, and its occupants, are considered “seized” and this seizure is subject to constitutional constraints. Commonwealth v. Blouse, 531 Pa. 167, 611 A.2d 1177 (1992).

[A]n officer may make an investigatory stop where he observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot. Such an investigatory stop of an automobile must be based on objective facts creating a reasonable suspicion that the motorist is presently involved in criminal activity. The officer must be able to point to specific and articulable facts which[,] taken together with rational inferences from those facts[,] reasonably warrant the intrusion.

Commonwealth v. Valenzuela, 408 Pa.Super. 399, 408, 597 A.2d 93, 98 (1991) (citations omitted).

In this case, we must determine whether the information available to Trooper Richards at the time she pulled over the defendant created a reasonable suspicion that Knotts was “presently involved in criminal activity.” When Trooper Rich *65 ards stopped Knotts, she had information from an informant that (1) the vehicle that was involved in the hit-and-run accident on December 28, 1993 at the intersection of Routes 519 and 136 was a silver or light blue Oldsmobile Cutlass Calais, and (2) the vehicle travels on Route 136 everyday between 8:00 a.m. and 9:00 a.m.

The information available to Trooper Richards was provided by an anonymous informant. “Reasonable suspicion, like probable cause, is dependent upon both the content of information possessed by police and its degree of reliability.” In the Interest of S.D., 429 Pa.Super. 576, 579, 633 A.2d 172, 174 (1993) (quoting Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990)). This court has elaborated on the type of information provided by an informant.

Both factors — quantity and quality — are considered in the “totality of the circumstances — the whole picture,” that must be taken into account when evaluating whether there is reasonable suspicion. Thus, if a tip has a relatively low degree of reliability, more information will be required to establish the requisite quantum of suspicion than would be required if the tip were more reliable.

Commonwealth v. Wilson, 424 Pa.Super. 110, 115, 622 A.2d 293

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Bluebook (online)
663 A.2d 216, 444 Pa. Super. 60, 1995 Pa. Super. LEXIS 2251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-knotts-pasuperct-1995.