Commonwealth v. Snell

811 A.2d 581, 2002 Pa. Super. 354, 2002 Pa. Super. LEXIS 3259
CourtSuperior Court of Pennsylvania
DecidedNovember 13, 2002
StatusPublished
Cited by26 cases

This text of 811 A.2d 581 (Commonwealth v. Snell) 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. Snell, 811 A.2d 581, 2002 Pa. Super. 354, 2002 Pa. Super. LEXIS 3259 (Pa. Ct. App. 2002).

Opinion

HESTER, J.:

¶ 1 Benjamin Snell appeals his October 23, 2001 judgment of sentence of thirty days incarceration followed by two years probation imposed following his conviction on two counts of driving under the influence of alcohol. We affirm.

¶ 2 The trial court set forth the following facts:

On October 8, 2000, at approximately [1:25 a.m.], Police Officer Diana Fries of the City of Pittsburgh Police Department observed the vehicle subsequently identified as being operated by [Appellant] proceed through a red light at the intersection of Fifth Avenue and Washington Place in the County of Allegheny, City of Pittsburgh, Pennsylvania. [N.T. Trial, 10/23/01, at 4-5]. [Appellant’s] vehicle was stopped by Officer Fries whereupon [Appellant] exited the vehicle and began to run away. [Id. at 5]. [Appellant] was subdued and detained. Based upon her observations and the fact that [Appellant] had attempted to flee, Officer Fries placed [Appellant] under arrest and a breathalyzer test was conducted at approximately 2:13 a.m. [Id.]. The results of the breathalyzer test indicated [Appellant] had a blood alcohol content [BAC] of 0.15. [Id.] In addition, field sobriety tests were conducted at the police station where [Appellant] was being held. [Id. at 6].

Trial Court Opinion, 4/25/02, at 1-2. On October 8, 2000, Appellant was charged with (1) driving under the influence of alcohol to a degree which renders the person incapable of safe driving, 1 (2) driving a motor vehicle with a blood alcohol count of *584 .10% or greater, 2 and (3) the summary offense of violating a traffic control device. 3 A preliminary hearing was held on January 3, 2001, and the charges were held for trial. In the interim, Appellant filed various motions for discovery and an omnibus pretrial motion, which the trial court granted in part and denied in part. On October 23, 2001, the court held a stipulated non-jury trial. The trial court found Appellant guilty on two counts of driving under the influence of alcohol and not guilty of the summary offense of violating a traffic control device. The trial court sentenced Appellant as indicated above. Appellant filed a notice of appeal on November 9, 2001, and was granted a stay of his sentence pending appeal.

¶ 3 Appellant raises seven issues on appeal, which we will address in the order presented in his brief. First, Appellant argues Officer Fries failed to possess reasonable and articulable grounds upon which to believe Appellant violated the traffic control device provisions of the Motor Vehicle Code (MVC) and, therefore, all evidence obtained as a result should have been suppressed. Appellant’s brief at 12.

In reviewing the denial of a motion to suppress, our responsibility is to determine whether the record supports the suppression court’s factual findings and the legitimacy of the inferences and legal conclusions drawn from those findings. If the suppression court held for the prosecution, we consider only the evidence of the prosecution’s witnesses and so much of the evidence for the defense as, fairly read in the context of the record as a whole, remains uncontradicted. When the factual findings of the suppression court are supported by the evidence, the appellate court may reverse if there is an error in the legal conclusions drawn from those factual findings.

Commonwealth v. Wituszynski, 750 A.2d 349, 350 (Pa.Super.2000) (quoting Commonwealth v. Lopez, 415 Pa.Super. 252, 609 A.2d 177, 178-79 (1992)). It is within the sole province of the suppression court judge to weigh the credibility of the witnesses, and he or she is entitled to believe all, part, or none of the evidence presented. Commonwealth v. Swartz, 787 A.2d 1021, 1023 (Pa.Super.2001). We may reject findings of the suppression, court that are not supported by the evidence. Id. Only those findings that are supported by the record are binding on this Court. Id.

¶ 4 “While an actual violation of the [MVC] need not ultimately be established to validate a vehicle stop, a police officer must have a reasonable and articulable belief that a vehicle or driver is iri violation of the [MVC] in order to lawfully stop the vehicle.” Wituszynski, supra, 750 A.2d at 352 (citing 75 Pa.C.S. § 6308(b)). See also 75 Pa.C.S. § 6308(b) (permitting police officer to stop vehicle where police officer “has articulable and reasonable grounds to suspect a violation of [the MVC]”). According to the MVC, 75 Pa.C.S. § 3112(a)(3)(i), when faced with a red light, a vehicle must stop either at a stop line, crosswalk, or, if no such indication is present, then before entering the intersection and the vehicle must remain stopped until the light turns green (except when permitted to make a turn on red).

¶ 5 In the instant case, the trial court concluded Officer Fries had probable cause to believe Appellant failed to stop at a red light. Findings of Fact and Conclusions of Law, 10/18/01, at ¶ 1. The record supports this determination. Specifically, Officer Fries, traveling with her partner in *585 a police van, was traveling westbound on Fifth Avenue. N.T. Hearing, 1/3/01, at 14, 20. She observed Appellant, traveling northbound on Washington Place, run the red light at the intersection of Fifth Avenue and Washington Place. Id. at 9-10, 16. She testified that when she first saw Appellant’s vehicle, he was traveling up the hill on Washington Place toward the intersection, and since the light in her direction was green, she surmised Appellant’s light was red. Id. at 17. She activated her lights and siren as soon as she observed Appellant pass through the intersection, and she made a right turn to pursue Appellant. Id. at 19. The officers attempted to pull over Appellant several times, but each time Appellant pulled over to the right and then returned to the lane of traffic. Id. at 10, 19. Finally, Appellant pulled over, but when the officers exited the police van, Appellant drove away. Id. at 10, 20. Appellant again pulled over, appeared fidgety, and attempted to exit his vehicle. Id. at 10, 21-22. Despite the officers’ order to Appellant to remain in his vehicle, Appellant jumped out of his vehicle and ran about forty feet at which point Officer Fries’s partner apprehended Appellant. Id. at 10, 22.

¶ 6 Officer Fries’s testimony, specifically regarding her observation of Appellant driving through the red light, which she reasonably assumed was red since the light in her direction, perpendicular to that of Appellant, was green, establishes a reasonable and articulable basis upon which to justify the stop and detention of Appellant.

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Bluebook (online)
811 A.2d 581, 2002 Pa. Super. 354, 2002 Pa. Super. LEXIS 3259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-snell-pasuperct-2002.