Com. v. Brookin, K., II
Com. v. Brookin, K., II No. 588 MDA 2016
| Pa. Super. Ct. | Apr 7, 2017Background
- On June 24, 2015 around 1:00 a.m., Officer Patrick Walsh heard a woman yelling from a beige Buick parked on a public street.
- Officer Walsh circled the block and returned; as he pulled up behind the vehicle (without lights), three people fled the scene and the car moved about 100 feet away.
- Walsh stopped the vehicle to investigate a suspected domestic-violence or other criminal situation; he smelled alcohol on the driver (Appellant Keith Brookin II).
- Appellant admitted drinking earlier; he performed poorly on field sobriety tests and was arrested for DUI. A blood test later showed BAC .171 and traces of THC.
- Appellant filed a suppression motion arguing the stop was illegal because the officer lacked reasonable suspicion; the trial court denied suppression.
- The Superior Court reviewed the denial de novo as to legal conclusions and affirmed, finding reasonable suspicion supported the investigative stop under the totality of the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop/detain Appellant | Commonwealth: Officer could reasonably suspect ongoing criminal activity (possible domestic violence) based on yelling, flight of three people, and the vehicle pulling away | Brookin: The facts were innocuous (argument in a car at 1 a.m. and leaving when approached) and did not support reasonable suspicion for a stop | Court: Affirmed — totality of circumstances (yelling, flight, vehicle movement, time of night) gave rise to reasonable suspicion to investigate, and officer permissibly expanded inquiry when alcohol odor was detected |
Key Cases Cited
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (standard of review for suppression rulings and scope of appellate review)
- Commonwealth v. Brown, 996 A.2d 473 (Pa. 2010) (reasonable-suspicion standard for investigative stops)
- Commonwealth v. Caban, 60 A.3d 120 (Pa. Super. 2012) (combination of innocent facts may justify further police investigation)
- Commonwealth v. Riley, 715 A.2d 1131 (Pa. Super. 1998) (innocent-appearing conduct does not preclude detention if totality supports suspicion)
- Commonwealth v. Rogers, 849 A.2d 1185 (Pa. 2004) (courts must give due weight to reasonable inferences drawn by officers from facts and experience)
- Commonwealth v. Davido, 106 A.3d 611 (Pa. 2014) (police afforded latitude responding to reported domestic conflicts)
- Commonwealth v. Angel, 946 A.2d 115 (Pa. Super. 2008) (appellate courts do not reweigh credibility determinations)