Com. v. Bright, T.
2067 MDA 2016
| Pa. Super. Ct. | Oct 6, 2017Background
- Trooper observed a red Chevrolet Cavalier on I-80 appearing to lack a rear license plate and initiated a traffic stop for an obscured/absent plate.
- On approach, trooper noticed a temporary registration taped to the rear windshield; glare made it illegible from a distance.
- Trooper smelled fresh marijuana emanating from the vehicle; appellant was the driver and her minor son was a front-seat passenger.
- Trooper asked appellant to exit the vehicle; she admitted she had given marijuana to her son and then disclosed there was a firearm in the back seat.
- Appellant did not consent to a search, but troopers searched based on probable cause and found a loaded firearm and marijuana; appellant was not handcuffed or otherwise restrained.
- Appellant was convicted after a stipulated non-jury trial of firearms not to be carried without a license, possession of small amount of marijuana, possession of drug paraphernalia, and obscured plates; she appealed denial of suppression of evidence and statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the traffic stop under vehicle-code grounds | Stop was lawful because officer had probable cause to believe plate was obscured | Officer’s observation was mistaken because a temporary registration was present | Stop was lawful; officer’s reasonable mistake of fact provided probable cause |
| Admissibility of appellant’s statements (Miranda) | Statements and ensuing evidence admissible: stop not custodial; Miranda not required | Statements were from custodial interrogation without Miranda warnings; should be suppressed | Not custodial: ordinary traffic stop, brief, public, no restraints — Miranda not required; statements admissible |
Key Cases Cited
- Commonwealth v. Scott, 878 A.2d 874 (Pa. Super. 2005) (standard of review for suppression denials)
- Commonwealth v. Smith, 904 A.2d 30 (Pa. Super. 2006) (standard of review on suppression)
- Commonwealth v. Salter, 121 A.3d 987 (Pa. Super. 2015) (distinguishing stops requiring probable cause vs. reasonable suspicion)
- Commonwealth v. Ibrahim, 127 A.3d 819 (Pa. Super. 2015) (probable cause inquiry defined)
- Commonwealth v. Rodriguez, 585 A.2d 988 (Pa. 1991) (definition of probable cause)
- Commonwealth v. Mannion, 725 A.2d 196 (Pa. Super. 1999) (traffic stops generally non-custodial for Miranda purposes)
- Commonwealth v. Proctor, 657 A.2d 8 (Pa. Super. 1995) (Miranda custody test)
- Commonwealth v. Rachau, 670 A.2d 731 (Pa. Cmwlth. 1996) (reasonable mistake of fact can support probable cause)