Commonwealth v. Au
42 A.3d 1002
| Pa. | 2012Background
- May 2007, Au arrested for small-amount marijuana; officer on routine patrol observed a parked car in a closed business lot and approached; officer did not use lights but illuminated vehicle, stood in front, and spoke with occupants; occupants, particularly juveniles, were questioned about ages; passenger opened glove box revealing marijuana; officer then questioned driver and observed drugs on that side as well; suppression court ruled the officer lacked authority to approach and interrogate occupants absent suspected crime; Superior Court split on whether the encounter ripened into an investigative detention upon requesting identification; Commonwealth sought reversal arguing identification request was within ordinary police questioning; the Pennsylvania Supreme Court granted review to resolve whether the encounter constituted an unlawful seizure under Fourth Amendment law; the majority held the identification request did not transform the encounter into an unlawful detention; Justice Baer dissented concluding the detention occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether requesting identification transformed the encounter into a detention | Au argues the request escalated to detention | Commonwealth argues no seizure occurred; request is permissible | No; identification request did not convert to an unlawful detention |
Key Cases Cited
- Commonwealth v. Strickler, 563 Pa. 47 (2000) (establishes reasonable-suspicion standard for investigative detentions)
- Hiibel v. Sixth Judicial District of Nevada, 542 U.S. 177 (2004) (identity requests do not by themselves seize a person)
- United States v. Drayton, 536 U.S. 194 (2002) (no coercive conduct; can question without seizure if no coercion)
- Florida v. Bostick, 501 U.S. 429 (1991) (bus-passenger encounters may be non-seizures under totality of circumstances)
- Commonwealth v. Mulholland, 794 A.2d 398 (Pa.Super.2002) (parked-vehicle encounters; escalation to detention requires suspicion)
- Commonwealth v. DeHart, 745 A.2d 633 (Pa.Super.2000) (car-to-car conversation is a mere encounter; exit-and-questioning escalates to detention)
- Commonwealth v. Smith, 575 Pa. 203 (2003) (bus-terminal encounter; asking for ID not automatically seizure)
- Commonwealth v. Dowds, 563 Pa. 377 (2000) (airport encounter; request for ticket/ID not automatically seizure)