Com. v. Sirianni, J.
3382 EDA 2016
| Pa. Super. Ct. | Nov 30, 2017Background
- At ~2:20 AM on Nov. 20, 2015 Officer Choiniere in a marked patrol car observed Sirianni's vehicle parked in the middle of Jamison Alley with lights on, impeding the alley.
- Officer pulled behind the vehicle (turned off headlights), the vehicle then pulled to the side; officer ran the plate and approached, citing location (high-crime area), time, occupancy, and obstructing the roadway as reasons for the stop.
- Sirianni produced a PA ID; a warrants check revealed outstanding fines/costs warrant; he was arrested and searched incident to arrest.
- A clear plastic bag containing a crystal-like substance was recovered from Sirianni’s pocket and field-tested positive for methamphetamine; he was charged with possession of a controlled substance and possession of drug paraphernalia.
- Sirianni moved to suppress evidence as the product of an illegal stop; the suppression court denied the motion, bench trial followed, conviction and sentence (one year probation) entered; Sirianni appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop lacked reasonable suspicion/probable cause such that evidence should be suppressed | Sirianni: stop was unsupported by reasonable suspicion/probable cause (illegal investigatory detention; evidence is fruit of poisonous tree) | Commonwealth: officer had probable cause to stop for a parking/standing violation (vehicle obstructed roadway) and other suspicious factors (time, location, occupied, lights on) | Court: affirmed denial of suppression — officer had probable cause to stop for violation of 75 Pa.C.S.A. § 3354 (vehicle standing in roadway), so stop and ensuing search were lawful |
Key Cases Cited
- Commonwealth v. Bush, 166 A.3d 1278 (Pa. Super. 2017) (standard of review for suppression rulings)
- Commonwealth v. Eichinger, 915 A.2d 1122 (Pa. 2007) (suppression-review principles)
- Commonwealth v. Feczko, 10 A.3d 1285 (Pa. Super. 2010) (reasonable suspicion/traffic-stop standards)
- Commonwealth v. Morrison, 166 A.3d 357 (Pa. Super. 2017) (totality of circumstances for reasonable suspicion)
- Commonwealth v. Ayala, 791 A.2d 1202 (Pa. Super. 2002) (factors bearing on reasonable suspicion)
- Commonwealth v. Salter, 121 A.3d 987 (Pa. Super. 2015) (distinguishing when probable cause vs. reasonable suspicion is required for vehicle stops)