Com. v. Mattis, A., 252 A.3d 650

Trooper Spangler stopped Andrew J. Mattis for speeding (76 mph in a 55 mph zone).
During the stop the trooper observed Mattis to be "extraordinarily nervous" and "fidgeting."
The trooper requested and retained Mattis’s license and registration, asked him to exit the vehicle, and twice requested consent to search; Mattis consented while not free to leave.
A search produced a glass smoking pipe, suspected marijuana, a grinder, and a scale.
Mattis filed a suppression motion; the trial court denied it, he stipulated to the affidavit of probable cause at a bench trial, was convicted, and was sentenced.
The Superior Court vacated the judgment of sentence and remanded, holding the post-stop detention and resulting consent were unlawful because the stop was prolonged without reasonable suspicion and nervousness alone was insufficient to justify the investigatory detention.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trooper needed reasonable suspicion to prolong the stop and seek consent to search	Consent was voluntary and the interactions were lawful extensions of the stop; officer safety justified actions	The trooper prolonged the stop into a second, investigatory detention without reasonable suspicion, so consent was invalid	The court held the stop was prolonged into an investigatory detention and required reasonable suspicion; consent was invalid
Whether Appellant's nervousness supplied reasonable suspicion to detain and request consent	Nervous behavior supported officer inquiry and reasonable suspicion	Nervousness alone is insufficient to establish reasonable suspicion for a new detention	The court held that nervousness alone did not constitute reasonable suspicion; detention unlawful

Commonwealth v. Strickler, 563 Pa. 47, 757 A.2d 884 (searches and seizures; unlawfully obtained evidence must be excluded when detention violates Fourth Amendment)
Commonwealth v. Freeman, 563 Pa. 82, 757 A.2d 903 (once primary purpose of traffic stop ends, officer authority to detain or order exit ends)
Pennsylvania v. Mimms, 434 U.S. 106 (officer may order driver out of vehicle during valid traffic stop for safety)
Maryland v. Wilson, 519 U.S. 408 (officer may order passengers out of vehicle during valid stop for safety)
Commonwealth v. Sierra, 555 Pa. 170, 723 A.2d 644 (authority to order exit extinguished after purpose of stop concludes)
Commonwealth v. Donaldson, 786 A.2d 279 (request to exit after conclusion of traffic stop can constitute investigatory detention)
Commonwealth v. DeHart, 745 A.2d 633 (occupant nervousness, alone, does not provide reasonable suspicion)
Commonwealth v. Lopez, 609 A.2d 177 (retention of license/registration during questioning can extend detention and render consent involuntary)