Com. v. Burdette, T.
Com. v. Burdette, T. No. 1557 EDA 2016
| Pa. Super. Ct. | Apr 11, 2017Background
- On Oct. 23, 2015 a citizen reported a white Toyota Camry driving slowly past a residence in a wealthy Chester County neighborhood and parking at a nearby corner; the caller said the car and its three occupants were unfamiliar.
- Officer Neil Jackson responded to the dispatch, later saw a white Camry traveling on Route 202, and confirmed with dispatch that it matched the caller’s description.
- Officer Jackson observed no vehicle-code violation but stopped the Camry to investigate why it had been in the neighborhood given recent burglaries.
- Appellant Tara Burdette was a passenger; evidence obtained after the stop led to a charge of possession of drug paraphernalia.
- Burdette moved to suppress, arguing the stop lacked reasonable suspicion; the trial court denied the motion, she stipulated to the facts, was convicted and sentenced to probation.
- The Superior Court reversed, holding the investigative stop lacked reasonable suspicion, vacated the sentence, and remanded.
Issues
| Issue | Commonwealth's Argument | Burdette's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was a permissible investigative detention under Terry (i.e., supported by reasonable suspicion) | Citizen tip that an unfamiliar car slowly drove through and parked in a neighborhood with recent burglaries, officer observed the same car and stopped to investigate | Tip was non-specific, officer saw no traffic violations, multiple legitimate reasons to be in the neighborhood — stop was speculative | Stop lacked reasonable suspicion; detention unconstitutional and suppression should have been granted |
Key Cases Cited
- Commonwealth v. DeWitt, 608 A.2d 1030 (Pa. 1992) (police lacked reasonable suspicion where report of suspicious vehicle did not tie the vehicle to the alleged activity)
- Commonwealth v. McClease, 750 A.2d 320 (Pa. Super. 2000) (furtive or ambiguous conduct plus area crime reports insufficient for reasonable suspicion)
- Commonwealth v. Barber, 889 A.2d 587 (Pa. Super. 2005) (reasonable-suspicion standard and reliance on citizen tips)
- Commonwealth v. Reppert, 814 A.2d 1196 (Pa. Super. 2002) (officer experience cannot substitute for specific articulable facts)
- Commonwealth v. Donaldson, 786 A.2d 279 (Pa. Super. 2001) (observations creating an "educated hunch" do not necessarily satisfy reasonable-suspicion requirement)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (investigative detention standard under the Fourth Amendment)