Com. v. Nardone, J.
1199 MDA 2016
| Pa. Super. Ct. | Jan 30, 2017Background
- On Aug. 2, 2014, at ~10:33–10:36 p.m., two uniformed Tunkhannock Township patrol officers in a marked cruiser observed John Nardone driving northbound on two‑lane SR 307 (double yellow centerline) while they traveled southbound.
- Officers testified one saw Nardone’s left wheels momentarily cross onto (but not fully over) the double yellow line as vehicles passed on a left curve; neither officer observed speeding, weaving, or other erratic driving.
- Officers made a U‑turn, activated overhead lights, pursued, and stopped Nardone, who had already pulled to the roadside; he was subsequently arrested on suspicion of DUI.
- During the stop officers administered field sobriety tests and obtained a consenting blood sample that showed BAC 0.175%; suppression proceedings contested the legality of the initial stop.
- The trial court granted Nardone’s pretrial motion to suppress evidence of the HGN test (and related evidence) for lack of probable cause to stop; the Commonwealth appealed.
- The Superior Court reviewed whether the officers had probable cause to stop for violations of 75 Pa.C.S. § 3309(1) (driving within a single lane) or § 3714(a) (careless driving).
Issues
| Issue | Commonwealth's Argument | Nardone's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by probable cause | Video and officer observations showed Nardone crossed or drove on the double yellow line as he passed the cruiser; officers reasonably believed a Vehicle Code violation occurred, justifying the stop | Officers lacked probable cause: wheel(s) only momentarily touched the centerline, no weaving, no speeding, dash cam did not show lane departure; minor deviations allowed under §3309(1) and careless driving not established | Stop lacked probable cause; suppression affirmed |
Key Cases Cited
- Commonwealth v. B.D.G., 959 A.2d 362 (Pa. Super. 2008) (record completeness and appellate review standards)
- Commonwealth v. Gutierrez, 36 A.3d 1104 (Pa. Super. 2012) (standard of review for suppression rulings)
- Commonwealth v. Salter, 121 A.3d 987 (Pa. Super. 2015) (probable cause required to stop under vehicle code; need specific articulable facts)
- Commonwealth v. Enick, 70 A.3d 843 (Pa. Super. 2013) (§3309(1) permits minor deviations; lane‑keeping requirement not strict liability)
- Commonwealth v. Wilson, 111 A.3d 747 (Pa. Super. 2015) (probable cause required to stop for careless driving under §3714)
- Commonwealth v. Gezovich, 7 A.3d 300 (Pa. Super. 2010) (mere accident or minor deviation insufficient to prove careless driving; more than ordinary negligence required)
- Commonwealth v. Bender, 811 A.2d 1016 (Pa. Super. 2002) (Commonwealth's right to appeal suppression orders when prosecution substantially handicapped)