In the Int. of: A.A., a Minor Appeal of: A.A.

149 A.3d 354, 2016 Pa. Super. 225, 2016 Pa. Super. LEXIS 590, 2016 WL 6088347
Superior Court of Pennsylvania·Decided October 18, 2016·No. 1931 MDA 2015·Published·Cited by 5 cases

Opinions

OPINION BY

BENDER, P.J.E.:

Appellant, A.A. (a minor), appeals from the dispositional order entered following her adjudication of delinquency on charges of driving under the influence (DUI), possession of a controlled substance, possession of drug paraphernalia, and a traffic violation (disregarding traffic lanes). On appeal, Appellant solely challenges the juvenile court’s denial of her motion to sup[356] press evidence. After careful review, we affirm.

The juvenile court summarized the facts and procedural history of Appellant’s case, as follows:

On January 9, 2015, Sergeant Christopher Still (hereinafter “Sergeant Still”) of the Halifax Area Regional Police Department was on routine traffic patrol in the area of Market and North Second Streets. Sergeant Still observed a black sedan straddling the center yellow lines and decided to follow the vehicle. While following the vehicle, he conducted a check on the registration and found that it was expired. Sergeant Still then conducted a traffic stop on the vehicle based on the expired registration.
Sergeant Still testified that at the time of the traffic stop, he identified the driver as Appellant, and a passenger ... as Kyle Lewis (hereinafter “Mr. Lewis”).1 When Sergeant Still requested the vehicle information, he observed Appellant to be confused and her movements to be sluggish. Appellant provided Sergeant Still with a driver’s license and an expired registration card, but failed to provide proof of financial responsibility. While completing a citation for the expired registration and a warning for the failure to provide proof of financial responsibility, Sergeant Still observed Mr. Lewis making furtive movements around the passenger area. He also observed Mr. Lewis briefly open the passenger door and re-close it. Sergeant Still returned to the vehicle and issued Appellant the citation and warning. At that time, Sergeant Still testified that he smelled an odor of marijuana coming from the interior of the vehicle. After returning Appellant’s documents, Sergeant Still bid Appellant goodnight and broke contact.
Sergeant Still subsequently re-engaged Appellant and began to ask if there was anything illegal in the car that he should know about. Appellant cut him off and said “no” and then asked if Sergeant Still wanted to search the vehicle. Sergeant Still responded that he would like to search the vehicle. He testified that Mr. Lewis then voluntarily stated that there was a marijuana pipe in the car and that the two of them had smoked marijuana prior to driving.
At this point, Sergeant Still had Appellant step out of the vehicle. Upon [her] exiting, Sergeant Still observed a light green pill lying on the driver’s seat. Appellant was directed to wait near the rear of the vehicle until back-up arrived. Mr. Lewis was then asked to step out of the vehicle. In conducting a pat-down for officer safety, Sergeant Still discovered a BB gun in Mr. Lewis’ waistband. Mr. Lewis was subsequently handcuffed and the BB gun [was] removed.
Once Appellant and Mr. Lewis were out of the vehicle, Sergeant Still conducted a search of the vehicle. He recovered a small pill bottle in the center of the door on the passenger side that contained some marijuana residue, the pill from the driver’s seat, and a marijuana pipe in a leopard-print case in Appellant’s handbag. When asked what the pill was, Appellant responded that it was Klonopin, and admitted to taking at least one that night as well. Mr. Lewis claimed that the pill bottle was his.
Following the search of the vehicle, Sergeant Still administered two tasks of the field sobriety test on Appellant, the Horizontal Gaze Nystagmus and the one-legged stand. Appellant failed the [357] one-legged stand, and provided six clues to impairment through the Horizontal Gaze Nystagmus test. Appellant was subsequently placed under arrest. While at the Dauphin County Booking Center, a blood test was administered on Appellant.
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On April 29, 2015, a delinquency petition was filed alleging that [Appellant] committed the delinquent acts of DUI— Impaired Ability1, Unlawful Possession of a Controlled Substance2, Unlawful Possession of Drug Paraphernalia8, Disregard of Traffic Lanes4, and Driving Unregistered Vehicle5. [Appellant] filed an Omnibus Pre-Trial Motion to Suppress Evidence on July 20, 2015. A suppression hearing was held before this [c]ourt on August 6, 2015. At the conclusion of the hearing, the [c]ourt directed the parties to file briefs in support of their position within two (2) week's. On August 24, 2015, this [c]ourt issued an Order denying [Appellant’s] Motion to Suppress.
175 Pa.C.S.A. § 3802(d)(2).
2 35 [P.S.] § 780-113(a)(16).
8 35 [P.S.] § 780-113(a)(32).
4 75 Pa.C.S.A. §' 3309(1).
5 75 Pa.C.S.A. § 1301(a).
An Adjudication and Disposition Hearing was held on September 28, 2015. At the conclusion of the adjudication hearing, the [c]ourt found that Count 1 (DUI—Impaired Ability), Count 2 (Possession of a Controlled Substance), Count 3 (Possession of Drug Paraphernalia), and Count 4 (Disregard Traffic Lanes) were substantiated. Count 4 (Driving Unregistered Vehicle) was changed to DUI—Controlled Substance or Metabolite6. [Appellant] was adjudicated delinquent and found in need of treatment, supervision, or rehabilitation. She was placed on probation and her driver’s license was suspended for one (1) year.
6 75 Pa.C.S.A. § 3802(d)(1).
[Appellant] filed a Notice of Appeal of the Order of September 28, 2015 adjudicating [her] delinquent.... On October 29, 2015, this [c]ourt directed [Appellant] to file a [Pa.R.A.P. 1925(b)] Concise Statement of [Errors] Complained of on Appeal....

Juvenile Court Opinion (JCO), 12/29/15, at 1-4 (unnumbered).

Appellant timely complied with the court’s order to file a Rule 1925(b) statement, and the court subsequently issued a responsive opinion. Herein, Appellant presents one question for our review:

Whether the [juvenile] court erred in failing to suppress evidence obtained as the result of an illegal detention unsupported by probable cause, reasonable suspicion, or any articulable basis in violation of the Fourth Amendment of the United States Constitution, and Article 1, Section 8 of the Pennsylvania Constitution?

Appellant’s Brief at 5 (unnecessary capitalization and emphasis omitted).

We begin by noting our standard of review:

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In the Int. of: A.A., a Minor Appeal of: A.A., 149 A.3d 354, 2016 Pa. Super. 225, 2016 Pa. Super. LEXIS 590, 2016 WL 6088347 (Pa. Ct. App. 2016).

149 A.3d 354 (In the Int. of: A.A., a Minor Appeal of: A.A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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