Commonwealth v. Petroll

738 A.2d 993, 558 Pa. 565, 1999 Pa. LEXIS 2099
CourtSupreme Court of Pennsylvania
DecidedJuly 22, 1999
StatusPublished
Cited by100 cases

This text of 738 A.2d 993 (Commonwealth v. Petroll) 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. Petroll, 738 A.2d 993, 558 Pa. 565, 1999 Pa. LEXIS 2099 (Pa. 1999).

Opinions

[571]*571 OPINION

NEWMAN, Justice.

FACTS AND PROCEDURAL HISTORY

On May 15, 1996, a jury found Fredrick W. Petroll (Appellant) guilty of three counts of homicide by vehicle,1 one count of failing to drive a vehicle at a safe speed,2 and one count of careless driving.3 The trial court sentenced Appellant to concurrent terms of imprisonment of between eighteen (18) months and thirty-six (36) months for each count of homicide by vehicle. Appellant filed a timely appeal to the Superior Court, raising six issues, and the Superior Court affirmed. The present appeal questions whether the warrantless searches of Appellant’s tractor-trailer and subsequent seizures of evidence violate Article I, Section 8 of the Pennsylvania Constitution and the Fourth Amendment to the United States Constitution. Though we disagree, in part, with the Superior Court’s analysis, we affirm the order of the Superior Court, affirming Appellant’s judgment of sentence.

On April 21,1995 at 3:35 p.m., Appellant, in his employ as a commercial truck driver, was operating a tractor-trailer on Route 30 in Manheim Township, Lancaster County. Although the traffic had stopped on Route 30, Appellant drove his truck into the rear of a Chevrolet Lumina driven by Douglas Harsh, and also occupied by his wife, Connie Harsh, and their infant son, Tyler Harsh. The initial collision resulted in a chain reaction involving three other vehicles. The impact from Appellant’s truck caused the Harsh vehicle to burst into flames. The Harsh family was unable to escape the mangled vehicle, which had become engulfed in fire. At the accident scene, Dr. Barry Walp, the Lancaster County Coroner, pronounced the three occupants dead. Dr. Wayne Ross, the Lancaster County Forensic Pathologist, performed autopsies [572]*572on the victims, concluding that they had died of thermal burning and smoke inhalation, caused by the fire.

Officer Jeffery Jones was the first officer to arrive at the accident scene. He testified at the suppression hearing that, based on his observations and his training in advanced accident investigations, he immediately suspected that excess speed was an issue. (N.T. Suppression Hearing, 5/6/96, at pp. 66-67). Officer Jones also testified at the trial as an expert in accident reconstruction. After considering the condition of the road and the height of the vehicle, Officer Jones concluded that Appellant should have seen the stopped traffic from a distance of 1500 feet. (N.T. Trial, 5/13/96, at pp. 416-17). Appellant’s tractor-trailer left skid marks of 96.5 feet before colliding with the Harsh vehicle and about seventy (70) feet of skid marks after impact. (N.T. Trial, 5/13/96, at pp. 393, 409-10). Based on the length of the skid marks, Officer Jones concluded that Appellant applied his brakes, or his brakes responded, when the front of Appellant’s truck was only thirty-six (36) feet from the Harsh vehicle. (N.T. Trial, 5/13/96, at p. 410). Initially, Officer Jones determined that Appellant was speeding more than seventy (70) miles per hour, but he recalculated his estimate to opine that Appellant was driving at least fifty-two (52) miles per hour in an area governed by a speed limit of fifty (50) miles per hour. (N.T. Trial, 5/13/96, at pp. 407, 437-49). Even with the revised calculation, Appellant would have started his skid less than one second before colliding with the victims’ vehicle. (N.T. Trial, 5/13/96, at pp. 410-11).

Besides hearing Officer Jones’s opinion concerning Appellant’s possible speeding and carelessness, the jury heard testimony from other witnesses that provided evidence of Appellant’s guilt. Carla Cwynar, a medical technician who responded to the accident, testified that while she was treating Appellant at the accident scene, he admitted to her that he fell asleep at the wheel, awoke moments before the collision, and could not stop the truck in time.4 (N.T. Trial, [573]*5735/10/96, at p. 258). One motorist stated that, immediately before the accident, he observed Appellant slouched forward in his seat. (N.T. Trial, 5/9/96, at pp. 90, 110). The same witness, who was a former commercial truck driver, estimated that Appellant was well over the speed limit, driving close to seventy (70) miles per hour. (N.T. Trial, 5/9/96, at pp. 93-94). Two other motorists gave eyewitness accounts that, just before the collision, Appellant was travelling over fifty (50) miles per hour. (N.T. Trial, 5/9/96, at pp. 125, 184). All of the eyewitnesses testified that Appellant took no evasive actions prior to impact. (N.T. Trial, 5/9/96, at pp. 94, 126-27, 185).

The trial court also admitted physical evidence introduced by the Commonwealth, which the police had seized from the tractor-trailer. Responding to a dispatch, Sergeant Dale McCurdy arrived at the accident scene. The victim’s car was still ablaze, and Appellant’s tractor-trailer was on the road but facing the median and on an incline. The officer approached the truck to assure that the emergency brake was set. When he got within three (3) to five (5) feet of the tractor-trailer, he observed a radar detector attached to the dashboard, which caught his attention because he was aware that federal law prohibits commercial drivers from using or possessing radar detection devices. (N.T. Suppression Hearing, 5/6/96, at p. 29; N.T. Trial, 5/10/96, at p. 235); see 49 C.F.R. § 392.71. See also 67 Pa.Code §§ 229.181, 231.181 (incorporating by reference 49 C.F.R. § 392.71). Sergeant McCurdy entered the cab and set the emergency brake, but he did not seize the radar detector.

Unaware that Sergeant McCurdy had already set the emergency brake, Sergeant Gary Metzger testified that he also entered the cab to set the brake, look for missing or broken components, and to obtain any documents that state or federal law requires drivers to maintain. (N.T. Suppression Hearing, 5/7/96, at pp. 114-15; N.T. Trial, 5/10/96, at pp. 245-46). Sergeant Metzger discovered and seized a driver’s logbook, a bank bag, which contained toll receipts, and a brown bag, which contained shipping invoices and other documents. (N.T. [574]*574Suppression Hearing, 5/7/96, at pp. 117-18; N.T. Trial, 5/10/96, at pp. 247-48). The police impounded the truck and, on May 16,1995, the police seized the radar detector from the vehicle. (N.T. Suppression Hearing, 5/6/96, at p. 76).

Appellant moved to suppress the seized evidence, which the suppression court denied. The trial court admitted the items as relevant evidence to prove that Appellant was guilty of homicide by vehicle. To establish homicide by vehicle, the prosecution must show beyond a reasonable doubt that the person “unintentionally cause[d] the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3731 (relating to driving under the influence of alcohol or controlled substance) ... when the violation is the cause of death.” 75 Pa.C.S.A. § 3732. The prosecution used the seized items to show that violations of state law by Appellant resulted in the deaths of the victims.

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Bluebook (online)
738 A.2d 993, 558 Pa. 565, 1999 Pa. LEXIS 2099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-petroll-pa-1999.