Background

• Two Philadelphia officers stop a 2003 Buick at night for impeding traffic in a high-crime area after the driver wait through greens and activates high beams.
• A passenger boards the front seat; the driver leaves, and the officers approach the vehicle; the driver leans into the center console.
• Officers order both occupants out and conduct a pat-down; no weapons are found during the pat-down.
• Officers open the center console and observe crack cocaine; they arrest the driver and later conduct a search incident to arrest, uncovering ten crack packets on the defendant’s jacket.
• Suppression hearing held; the court conditionally suppressed the console search but allowed the pat-down; Commonwealth appeals to reverse suppression.
• The Superior Court reverses, holding the center console search proper and that the defendant was not handcuffed during the console search.

Issues

Key Cases Cited

• Commonwealth v. Byrd, 987 A.2d 786 (Pa.Super.2009) (scope of review for suppression orders; binding findings of fact)
• Commonwealth v. Deck, 954 A.2d 603 (Pa.Super.2008) (appellate review of suppression rulings)
• Commonwealth v. Morris, 644 A.2d 721 (Pa.1994) (vehicle search when reasonable safety concerns exist)
• Commonwealth v. Murray, 936 A.2d 76 (Pa.Super.2007) (safety-based vehicle search during nighttime stop)
• In re O.J., 958 A.2d 561 (Pa.Super.2008) (limits and rationale for vehicle searches during traffic stops)
• Commonwealth v. Parker, 957 A.2d 311 (Pa.Super.2008) (driver step-out and weapons search during stop)