Commonwealth v. Brown
64 A.3d 1101
| Pa. Super. Ct. | 2013Background
- Appellant William O. Brown appeals an aggregate sentence of 30 days to 23.5 months for possession of a controlled substance and possession of drug paraphernalia.
- Corporal Dowlin stopped Brown for failing to signal a left turn from Richhill Street to Greene Street.
- Dowlin observed movement by the passenger suggesting potential possession of a firearm and drew his weapon, calling for backup.
- Trooper Dowlin found marijuana on the seat next to the passenger; jackets were moved to reveal a bag of marijuana.
- With Brown’s consent, officers searched the vehicle owned by Michael Hershberger; marijuana, a digital scale, and wrapping papers were recovered; Brown admitted ownership of the drugs and paraphernalia.
- Brown challenged the denial of his motion to suppress, raising two issues about the stop’s legality and the weapon-search justification; the suppression court denied relief and Brown was convicted on the possession counts and sentenced as stated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion or probable cause? | Brown | Dowlin | Stop was lawful; Brown failed to signal as required |
| Was the subsequent search of the truck permissible given standing and Fourth Amendment protections? | Brown lacked a reasonable expectation of privacy in Hershberger’s truck | Commonwealth | Brown lacked standing; even if standing existed, limited weapon-search justified by reasonable suspicion; search constitutional |
Key Cases Cited
- Commonwealth v. Cauley, 10 A.3d 321 (Pa.Super.2010) (standard for reviewing suppression findings; factual findings must be supported and legal conclusions correct)
- Commonwealth v. Hernandez, 935 A.2d 1275 (Pa.2007) (probable cause and totality of circumstances in vehicle stops)
- Commonwealth v. Maldonado, 14 A.3d 907 (Pa.Super.2011) (driver lacking ownership/permission may lack expectation of privacy in vehicle)
- Commonwealth v. Cartagena, 63 A.3d 294 (Pa.Super.2013) (affirming by alternative grounds; proper standard for searches based on totality of circumstances)
- Commonwealth v. Murray, 936 A.2d 76 (Pa.Super.2007) (limited weapons search justified after traffic stop when danger suspected)