Commonwealth v. Mendenhall

715 A.2d 1117, 552 Pa. 484, 1998 Pa. LEXIS 1550
CourtSupreme Court of Pennsylvania
DecidedJuly 29, 1998
Docket0019 Western District Appeal Docket 1997
StatusPublished
Cited by69 cases

This text of 715 A.2d 1117 (Commonwealth v. Mendenhall) is published on Counsel Stack Legal Research, covering Supreme 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. Mendenhall, 715 A.2d 1117, 552 Pa. 484, 1998 Pa. LEXIS 1550 (Pa. 1998).

Opinions

OPINION

NIGRO, Justice.

The issue before this Court is whether the lower courts erred in granting the motion to suppress of the Appellee, Leslie Mendenhall. The trial court found that Appellee was subjected to an investigative detention by Officer Roofner, an out-of-jurisdiction police officer, warranting suppression of the results of blood alcohol testing and statements taken subsequent to his arrest. The Superior Court affirmed. For the reasons which follow, we conclude the lower Courts erred, and therefore, we reverse.

Our standard of review of an appeal from a suppression ruling is limited to determining whether the court’s factual findings are supported by the record and whether the legal conclusions drawn from those facts are erroneous. Commonwealth v. Morgan, 517 Pa. 93, 96, 534 A.2d 1054, 1056 (1987). Where it is the Commonwealth who is appealing the decision of the suppression court, we must consider only the evidence of the defendant’s witnesses and so much of the evidence for the prosecution, as read in the context of the record as a whole, that remains uncontradicted. Commonwealth v. DeWitt, 530 Pa. 299, 301, 608 A.2d 1030, 1031 (1992).

The facts of record, viewed in light of the above mentioned standard, are as follows: On the evening of April 7, 1995, Sergeant Christopher Roofner of the Tidoute Borough Police was in his office when he was approached by a concerned citizen who said that an accident occurred on Route 337. Officer Roofner, knowing that the accident was outside of his jurisdiction, decided to go to the accident scene to see if he could render first-aid or other assistance.

When Officer Roofner arrived, he observed a red pickup truck against a utility pole. The truck had been travelling up the hill and had gone off the left side of the road. He saw [487]*487Appellee standing along side the track, and asked if he was the operator of the vehicle. Appellee admitted to being the track’s operator, and declined the Officer’s offer of first-aid.

Officer Roofner observed severe damage, including antifreeze leaking from the vehicle, and believed that the vehicle could not be driven from the scene. The Officer then told Appellee that since the accident was reportable, he had called a tow-truck and the State Police, and Appellee would have to stay until the State Police arrived. While Appellee and Officer Roofner awaited the State Police, Appellee entered his truck and attempted to place several different keys into the ignition.1 N.T. 8/3/95, p. 8. Officer Roofner did not attempt to restrain Appellee from trying to start his vehicle or otherwise restrict Appellee’s movements in any other way. The Officer also saw Appellee fall twice. Appellee testified that he believed Officer Roofner had the authority to tell him to stay at the accident scene to wait for the State Police.

When the State Trooper arrived, he also observed what he believed to be antifreeze coming from under the vehicle and also felt the vehicle was not drivable. The Trooper testified Appellee was having a hard time standing and was visibly intoxicated. He placed Appellee under arrest and took him to Warren General Hospital. After administering Miranda, Implied Consent, and O’Connell warnings, the Appellee submitted to blood testing which revealed a Blood Alcohol Content (BAC) of 0.28%.

On August 23, 1995, the suppression court granted Appellee’s motion and suppressed the BAC test results and statements made by Appellee at the time of his arrest2 as the tainted fruit of an illegal out-of-jurisdiction detention. On July 23, 1996, the Superior Court, by Memorandum Order and Opinion affirmed the trial court, finding that Officer Roofner [488]*488did not have the authority to detain Appellee. The Commonwealth filed a Petition for Allowance of Appeal which this Court granted to determine whether a detention occurred, and if so, whether Officer Roofner lacked jurisdiction.

Preliminarily, we must determine whether the record supports the suppression court’s legal conclusion that Appellee was subjected to an investigative detention. If not, Officer Roofner’s jurisdictional authority pursuant to the Statewide Municipal Police Jurisdiction Act (Act), 42 Pa.C.S. § 8953, is not implicated, and suppression of the after-acquired evidence is not warranted.

This Court has recognized three categories of interaction between citizens and the police:

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. See Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983); Florida v. Bostick, 501 U.S. 429, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991). The second, an “investigative detention” must be supported by 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. See Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Finally, an arrest or “custodial detention” must be supported by probable cause. See Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979); Commonwealth v. Rodriquez, 532 Pa. 62, 614 A.2d 1378 (1992).

Commonwealth v. Ellis, 541 Pa. 285, 293-94, 662 A.2d 1043, 1047-A8 (1995).

In Commonwealth v. Jones, 474 Pa. 364, 372, 378 A.2d 835, 839 (1977), in addressing whether an investigative “stop” occurred, the Court viewed all circumstances evidencing a show of authority or exercise of force, including the demeanor of the police officer, the manner of expression used by the [489]*489officer in addressing the citizen, and the content of the interrogatories or statements. The Court found that the pivotal inquiry is whether, considering all the facts and circumstances evidencing the exercise of force, a reasonable man would have thought he was being restrained. Id. at 373, 378 A.2d at 840. See also United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980)(“a person has been ‘seized’ within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave”); Commonwealth v. Matos, 543 Pa. 449, 458, 672 A.2d 769, 774 (1996)(“the Jones/Mendenhall

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Bluebook (online)
715 A.2d 1117, 552 Pa. 484, 1998 Pa. LEXIS 1550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mendenhall-pa-1998.