Commonwealth v. Ruey

854 A.2d 560, 2004 Pa. Super. 264, 2004 Pa. Super. LEXIS 2206
CourtSuperior Court of Pennsylvania
DecidedJuly 8, 2004
StatusPublished
Cited by11 cases

This text of 854 A.2d 560 (Commonwealth v. Ruey) 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. Ruey, 854 A.2d 560, 2004 Pa. Super. 264, 2004 Pa. Super. LEXIS 2206 (Pa. Ct. App. 2004).

Opinions

OPINION BY

JOHNSON, J.:

¶ 1 The Commonwealth appeals the trial court’s order suppressing medical evidence tending to indicate that Speer Ruey was legally intoxicated when he was involved in a four-car accident that caused injuries to several people and the death of one Clarence Main. The Commonwealth’s appeal requires us to examine the contours of Pennsylvania’s “independent source doctrine,” which the trial court rejected as a basis for admitting the evidence in question. The Commonwealth concedes that the original warrant application which led to the seizure of the blood-alcohol content (BAC) test results in question was technically deficient, but contends that the trial court erred in granting Ruey’s suppression motion because that same evidence was later recovered by means of a proper warrant. The Commonwealth’s interlocutory appeal lies within this Court’s jurisdiction pursuant to Pa.R.A.P. 311(d), because it has certified that the order in question “will terminate or substantially handicap the prosecution.” Pa.R.A.P. 311(d); see Commonwealth v. Karetny, 837 A.2d 474 (Pa.Super.2003). We agree with the Commonwealth that the trial court should have applied the independent source doctrine under the circumstances of this case, thus we reverse the trial court’s suppression order and remand.

¶2 On March 26, 1999, Ruey was involved in a four-vehicle collision, resulting in injuries to several people and the death of Clarence Main. Ruey eventually was charged with driving while under the influence of alcohol (DUI), homicide by motor vehicle while DUI, aggravated assault by vehicle while DUI, homicide by vehicle, involuntary manslaughter, aggravated assault, simple assault, and recklessly endangering another person. On May 2, 2000, Ruey filed a pre-trial motion seeking to suppress all evidence seized by the police as a result of State Trooper Mark Bryan’s search warrant, which provided for the production of all medical records pertaining to the University of Pittsburgh Medical Center’s (UPMC) treatment of Ruey on or after the date of the accident, and was executed on April 3, 1999. He contended that the search warrant application was not supported by probable cause since Trooper Bryan did not indicate that the information he received from others was rehable or that he believed the information to be credible. Omnibus Pretrial Motion for Relief, 5/2/00, at 3-4. Ruey further .alleged that the application for the search warrant was overly broad and that the search warrant was executed in an untime[562]*562ly manner. Omnibus Pretrial Motion for Relief, 5/2/00, at 4-6.

¶ 3 On November 24, 2000, before the suppression court ruled on Ruey’s motion to suppress, Pennsylvania State Trooper Keith Allen applied for a second search warrant seeking Ruey’s medical records from UPMC, where Ruey was treated following the accident. In his Affidavit of Probable Cause, Trooper Allen alleged that Emergency Medical Services (EMS) personnel made statements to him indicating that Ruey smelled of alcohol, wept, asked about his dog, and used vulgar language. Warrant Application, 11/24/00, at 2. Trooper Allen indicated that Trooper Bryan told him that he had found an empty bottle of chardonnay near Ruey’s vehicle, and a partially empty bottle of vodka and a partially empty bottle of wine inside Ruey’s vehicle. Warrant Application, 11/24/00, at 2. Trooper Allen averred that Ruey was flown to UPMC for treatment of his injuries and that he had probable cause to believe that the UPMC medical records would indicate evidence of criminal activity. Warrant Application, 11/24/00, at 2-8. In response to Trooper Allen’s application, a district justice issued a second search warrant.

¶ 4 In its November 29, 2000 order the trial court noted the Commonwealth’s concession that the first search warrant was invalid and that the Commonwealth intended to introduce alternative theories to support its position against suppression. On January 22, 2001, the Commonwealth filed a brief in opposition to Ruey’s motion to suppress arguing that the suppression court should not suppress the evidence because the second search warrant had been sworn properly since execution of the first, defective warrant. The Commonwealth’s argument relied principally on the independent source doctrine.' Brief in Opposition to Defendant’s Omnibus Pretrial Motion, 1/22/01, at 3-6.

¶ 5 A suppression hearing was held on September 24, 2001. At the hearing, Trooper Bryan testified that he responded to the accident, and upon arrival “set up traffic control, went and observed the different vehicles that were involved, and tried to gather” information. Notes of Testimony (N.T.), 9/24/01, at 10. Trooper Bryan interviewed EMS personnel, including Donald Moore and Kenneth Allshouse. N.T., 9/24/01, at 14-15. Moore told Trooper Bryan that Ruey was drunk, crying, and asking after his dog. N.T., 9/24/01, at 14. Trooper Bryan searched Ruey’s vehicle and observed an empty bottle of chardonnay, a partially empty bottle of vodka, and a partially empty bottle of wine. N.T., 9/24/01, at 15. Trooper Bryan asked the hospital to draw Ruey’s blood to determine whether he was legally intoxicated, but the hospital was “[ujncooperative” and “said they were busy and they would do that anyhow.” N.T., 9/24/01, at 17. Trooper Bryan then secured the first search warrant to obtain Ruey’s hospital records. N.T., 9/24/01, at 17.

¶ 6 Trooper Bryan noted that Trooper Allen was present at the accident scene and that “[p]rimarily, he assisted at the scene, and eventually he helped with the reconstruction to take measurements.” N.T., 9/24/01, at 19. Trooper Bryan spoke to Trooper Allen several times about the investigation and Trooper Allen “conferred with [Trooper Bryan] for information he needed for the new search warrant, and just other preliminary stuff .... ” N.T., 9/24/01, at 20. Trooper Bryan provided Trooper Allen with a full and complete copy of his original investigatory file. N.T., 9/24/01, at 21.

¶ 7 Trooper Allen testified at the suppression hearing that he initially went to the accident scene to deliver supplies, but [563]*563that he spoke with another on-scene officer to determine what had happened. N.T., 9/24/01, at 22. Trooper Allen did not conduct interviews at this time, but only assisted with accident reconstruction. N.T., 9/24/01, at 23. Later, a prosecutor asked him to prepare a new search warrant. In preparing a new warrant application, Trooper Allen

spoke with Trooper Bryan; glanced through the report and went over the investigation ...; [he] drafted up a preliminary copy of the affidavit and the search warrant, which was reviewed by [the prosecutor. Allen] reviewed it for spelling corrections and other additional requirements that needed to be fixed in the warrant.

N.T., 9/24/01, at 24. Trooper Allen re-interviewed Mr. Moore, Mr. Allshouse, and Paul Verne, whom Allen identified from Trooper Bryan’s report. N.T., 9/24/01, at 24-25, 31. Trooper Allen testified that “[everything [he] learned after talking to the people was the same” as what Trooper Bryan had learned, that he “looked at what [Trooper Bryan] did and looked to make sure it was correct,” and that he “talked to people again.” N.T., 9/24/01, at 33. The Affidavit of Probable Cause prepared by Trooper Allen contained “the re-interviews ... plus what [the witnesses] said at the preliminary investigation.” N.T., 9/24/01, at 32-33.

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Cite This Page — Counsel Stack

Bluebook (online)
854 A.2d 560, 2004 Pa. Super. 264, 2004 Pa. Super. LEXIS 2206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ruey-pasuperct-2004.