Com. v. Thomas, D.
1730 MDA 2016
| Pa. Super. Ct. | Sep 15, 2017Background
- On March 20, 2016, Daniel N. Thomas was involved in a two-vehicle crash in Gettysburg; Officer Carricato identified Thomas as a driver and arrested him for suspected DUI.
- Thomas was transported to Gettysburg Hospital and, after being read the then-existing DL-26 implied-consent form (which included language about enhanced penalties for refusal), consented to a blood draw.
- The blood test later showed a BAC of .128.
- Thomas moved to suppress the blood test results, and the parties submitted stipulated facts instead of an evidentiary hearing.
- The trial court granted the suppression motion, finding Thomas’ consent involuntary under Birchfield v. North Dakota, and excluded the blood-test results.
- The Commonwealth appealed, not disputing the involuntariness finding but arguing this Court should apply a limited good-faith exception to the exclusionary rule to admit the blood results.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a good-faith exception to the exclusionary rule should apply post-Birchfield to admit blood-test results obtained after involuntary consent | Commonwealth: officers reasonably relied on Pennsylvania implied-consent law previously upheld; exclusion would not deter misconduct so good-faith exception should apply | Thomas: consent was involuntary under Birchfield; Pennsylvania does not recognize a good-faith exception to exclusionary rule | Court: Rejected Commonwealth’s invitation; Pennsylvania law does not recognize a good-faith exception, so exclusion applies |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (establishes federal good-faith exception to exclusionary rule when officers rely on a warrant)
- Birchfield v. North Dakota, 136 S.Ct. 2160 (U.S. 2016) (holding warrantless blood draws implicate Fourth Amendment; voluntary consent analysis affected)
- Commonwealth v. Johnson, 86 A.3d 182 (Pa. 2014) (discusses exclusionary rule and Leon in Pennsylvania context)
- Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991) (Pennsylvania Supreme Court rejects a good-faith exception under Article I, Section 8)