Commonwealth v. Wood

833 A.2d 740, 2003 Pa. Super. 358, 2003 Pa. Super. LEXIS 3188
CourtSuperior Court of Pennsylvania
DecidedSeptember 23, 2003
StatusPublished
Cited by20 cases

This text of 833 A.2d 740 (Commonwealth v. Wood) 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. Wood, 833 A.2d 740, 2003 Pa. Super. 358, 2003 Pa. Super. LEXIS 3188 (Pa. Ct. App. 2003).

Opinions

JOHNSON, J.

¶ 1 Colleen Wood appeals the judgment of sentence imposed following her conviction of underage drinking. Ms. Wood contends that police stopped her illegally, without reasonable suspicion that she was engaged in criminal activity. The District Attorney for Philadelphia County asks this Court to conclude that it was reasonable for a Pennsylvania State Trooper, assigned as a liquor enforcement officer, to suspect that a seventeen-year old sitting in a bar was engaged in criminal activity where the only observation put forth by the Commonwealth to support such suspicion was that, from the arresting officer’s experience, the minor “looked to be under the age of 21.” For an investigative detention to comport with constitutional mínimums, the law requires that the suspected criminal activity must be linked with the officer’s observation of suspicious or irregular behavior of the particular individual involved. Here, the enforcement officers possessed absolutely no evidence, nor had they observed any culpable conduct involving Colleen Wood, prior to her alleged inculpatory declaration overheard by one of the officers. We believe that the detention of Ms. Wood was not justified by reasonable suspicion and that, accordingly, her alleged confession of underage drinking is not admissible at trial. Accordingly, we vacate the judgment of sentence, reverse the conviction and remand.

2 Ms. Wood presents this matter framing the statement of the question as follows:

Where it is not a crime for minors to be present in a bar and where no law requires persons inside a bar to have or show identification, do the federal and state constitutions require that the police have probable cause to believe that a person has committed a crime before arresting her for underage drinking, or can they conduct mass arrests first and then release those who can prove they are not violating the law?

Brief for Appellant at 2. While the statement as phrased might reasonably be seen by some as hyperbolic, it captures the issue this Court must resolve on this appeal: when viewing all of the surrounding circumstances, did the liquor enforcement officers have reasonable suspicion that Ms. Wood was engaged in criminal activity pri- or to subjecting her to the investigative detention that gave rise to her confession? We conclude that the officers did not possess reasonable suspicion that criminal activity by Ms. Wood was afoot.

¶ 3 Our Supreme Court has recently re-stated the standard by which we review a trial court order denying a motion to suppress:

Our standard of review in addressing a challenge to a trial court’s denial of a suppression motion is limited to determining whether the factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct. Since the prosecution prevailed in the suppression court, we may consider only the evidence of the prosecution and so much of the evidence for the defense as remains uncontradict-ed when read in the context of the record as a whole. Where the record supports the factual findings of the trial court, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error.

[743]*743Commonwealth v. Bomar, 573 Pa. 426, 826 A.2d 831, 842 (2003) (citations omitted). “When ruling on suppression motions, the suppression court is required to make findings of fact and conclusions of law as to whether evidence was obtained in violation of the defendant’s constitutional rights.” Commonwealth v. Haynes, 395 Pa.Super. 322, 577 A.2d 564, 570 (1990); see Pa. R.Crim.P. 581(1). Here, the suppression court did not make findings of fact on the record at the time of the hearing, although it did discuss the suppression issue in its opinion filed 11/5/01 pursuant to Pa.R.A.P. 1925(b). Because the only witness at the suppression hearing was Liquor Enforcement Officer Cynthia A. Taylor, we will consult the record directly to ascertain the facts surrounding Ms. Wood’s detention and subsequent arrest. See Haynes, 577 A.2d at 570.

¶ 4 The Suppression Hearing Transcript (S.H.T.), 6/20/01, establishes the following facts. Pennsylvania State Trooper Taylor was assigned as a liquor enforcement officer and had been in that assignment for approximately a year and a half at the time of the incident here under review. S.H.T. at 4-5, R.R. 7a-8a. She had been with the Philadelphia enforcement unit for six months. Id. at 5, R.R. 8a. On February 27, 2001, Trooper Taylor, along with other officers, was working an assigned detail for the Mardi Gras celebration on South Street in Philadelphia. Id. at 6, R.R. 9a. The officers were on South Street as a result of their sergeant having received reports from the Philadelphia Police Department Vice Unit that “there was a good chance [the officers] would be finding a lot of underage drinking because it’s a well-known party on South Street during Mardi Gras.” Id.

115 At the suppression hearing, when the assistant district attorney questioned Trooper Taylor as to what the officers would look for while on patrol, the transcript includes this exchange:

Q. [ADA Joseph Doyle]: And tell us what you looked for?
A. [Trooper Taylor]: Usually [,] what we do is just go in in undercover status in street clothes, walk around and we’re assigned to go into bars, take a look around, see if we see anyone youthful appearing drinking beer or alcoholic beverages. If we do, then we radio to the entire detail to come down and do a routine inspection of the premises.
Q. What happens if you think you go into a bar and you see someone youthful in appearance, do you mean under the age of 21?
A. Yes.
Q. And why is that?
A. Because it is illegal in the city of Pennsylvania [sic] to be drinking alcoholic beverages under the age of 21.

S.H.T., 6/20/01, at 6-7, R.R. 9a-10a (emphasis added).

¶ 6 Along with several other officers from the State Liquor Control Department, Trooper Taylor entered the “Name That Bar” on South Street. Id. at 8, R.R. 11a. Trooper Taylor testified that, from the officers’ “experience,” and based solely on whether a bar patron “looked to be under the age of 21,” the officers would ask the bar patron for identification, a process known as carding. Id. at 9, R.R. 12a. When the officers have found “four, five, six” underage patrons, they separate all the patrons under 21 in a separate area of the bar. Id. at 10, R.R. 13a. Any patron over the age of 21 is ordered to leave the bar. Trooper Taylor acknowledged that, on this occasion, patrons over 21 were “free to leave” the bar. Id. The conclusion is inescapable that persons in the bar who were carded and could not prove they were over 21 were not “free to leave.” As to the sequence by which the [744]*744officers proceeded with their investigation, Trooper Taylor testified that first, the officers would determine age, and then, and only then, were the officers “going to determine whether or not they had been drinking alcohol.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Joyner, V. v. Thomas Jefferson University Hospital
Superior Court of Pennsylvania, 2025
Com. v. Bullard, J.
Superior Court of Pennsylvania, 2023
Com. v. Benson, G.
Superior Court of Pennsylvania, 2018
Com. v. Rowan, T.
Superior Court of Pennsylvania, 2018
Commonwealth v. Mathis, D., Aplt.
173 A.3d 699 (Supreme Court of Pennsylvania, 2017)
Com. v. Gray, A.
Superior Court of Pennsylvania, 2017
Commonwealth v. Bullock
170 A.3d 1109 (Superior Court of Pennsylvania, 2017)
Com. v. Corprew, Q.
Superior Court of Pennsylvania, 2015
Banks v. Gallagher
686 F. Supp. 2d 499 (M.D. Pennsylvania, 2009)
Commonwealth v. Walker
954 A.2d 1249 (Superior Court of Pennsylvania, 2008)
Commonwealth v. Sharkey
4 Pa. D. & C.5th 252 (Centre County Court of Common Pleas, 2008)
Commonwealth v. Dutrieville
932 A.2d 240 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Mistler
912 A.2d 1265 (Supreme Court of Pennsylvania, 2006)
Commonwealth v. Gray
896 A.2d 601 (Superior Court of Pennsylvania, 2006)
Commonwealth v. Mistler
869 A.2d 497 (Superior Court of Pennsylvania, 2005)
Commonwealth v. Wood
833 A.2d 740 (Superior Court of Pennsylvania, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
833 A.2d 740, 2003 Pa. Super. 358, 2003 Pa. Super. LEXIS 3188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wood-pasuperct-2003.