205 A.3d 1264
Pa. Super. Ct.2019Background
- Officers in marked cruiser observed a Buick Lucerne stopped in the single-lane, one-way residential street; windows tinted and passenger-side mirror missing. They paused ~10 seconds, ran tags (negative), then activated lights/siren; driver backed into a legal parking spot.
- As officers approached, the driver (Bozeman) leaned left out of view, exited the car, fumbled through pockets, gave inconsistent age answers, and stood with his body “bladed” toward the vehicle, near his waistband.
- Officer Opalski, relying on experience with firearm arrests and the defendant’s furtive/blading movements, moved Bozeman to the rear of the car and conducted a frisk; he discovered crack cocaine in the groin/waistband area and arrested Bozeman.
- After arrest, Officer D’Alesio searched the vehicle (no warrant), observed cash in console, a screwdriver in door pocket, and pry marks near the driver-side air vent; he removed the vent and found a hidden firearm.
- Bozeman filed a pretrial motion to suppress; the trial court granted suppression, holding the stop lacked probable cause under 75 Pa.C.S. § 3351, the frisk lacked reasonable suspicion, and the vehicle search lacked probable cause. The Commonwealth appealed.
Issues
| Issue | Commonwealth's Argument | Bozeman's Argument | Held |
|---|---|---|---|
| Legality of vehicle stop under 75 Pa.C.S. § 3351 | Stop lawful; officer had probable cause (or at least reasonable suspicion) because car was stopped in the travel lane when practicable to park off-road (Bozeman only briefly reversed after signal) | Stop unlawful: violation was momentary/minor, did not affect traffic flow, so no probable cause | Stop lawful: officers had probable cause under § 3351 to initiate the stop |
| Authority to frisk (Terry frisk) | Frisk lawful: defendant’s furtive movement, nervous fumbling, blading of body, and officer experience provided reasonable suspicion defendant was armed | Frisk unlawful: no bulge, no reaching to waist, stop was minor and not indicative of weapons | Frisk lawful: totality of circumstances and officer experience supplied reasonable suspicion |
| Warrantless vehicle search (automobile-exception) | Search lawful: probable cause existed based on narcotics on person, cash in multiple denominations, screwdriver and pry marks, officer training/experience about hidden vehicle compartments | Search unlawful: cash and screwdriver innocuous; no nexus to contraband; search incident to arrest/protective sweep not justified because defendant was secured and removed from car | Search lawful: totality (drugs on person, cash, screwdriver at spot where defendant leaned, pry marks, officer training) provided probable cause to remove vent and search |
| Standard for stops under § 3351 (probable cause v. reasonable suspicion) | Reasonable suspicion should govern; Vetter dictum | Probable cause required for § 3351 stops | Court held probable cause is required for § 3351 stops and found it present |
Key Cases Cited
- Commonwealth v. Miller, 56 A.3d 1276 (Pa. Super. 2012) (standard of review for suppression appeals)
- Commonwealth v. Brown, 996 A.2d 473 (Pa. 2010) (de novo review of suppression court's legal conclusions; weight to officer inferences)
- Commonwealth v. Feczko, 10 A.3d 1285 (Pa. Super. 2010) (Section 6308(b) stop must serve investigatory purpose; Terry-type analysis)
- Commonwealth v. Vetter, 149 A.3d 71 (Pa. Super. 2016) (discussed standard for § 3351 stops)
- Commonwealth v. Garcia, 859 A.2d 820 (Pa. Super. 2004) ("momentary and minor" traffic violations may not support stop)
- Commonwealth v. Spieler, 887 A.2d 1271 (Pa. Super. 2005) (vehicle stopped in flow of traffic causing backup supports probable cause)
- Commonwealth v. Carter, 105 A.3d 765 (Pa. Super. 2014) (afford weight to officer's experience when assessing reasonable suspicion for a frisk)
- Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014) (Pennsylvania adopts federal automobile exception: probable cause suffices for warrantless vehicle search)
- Commonwealth v. Byrd, 185 A.3d 1015 (Pa. Super. 2018) (probable cause defined; totality of circumstances test for vehicle searches)