Commonwealth v. Copenhaver
200 A.3d 956
Pa. Super. Ct.2018Background
- On Aug 31, 2015 Deputy Sheriff Timothy Beall stopped Victor Copenhaver’s pickup after observing an expired registration sticker and a plate number belonging to a different vehicle.
- Beall (Act 120 trained and former MD police officer) smelled alcohol and marijuana, observed bloodshot eyes and slurred speech, and recovered a smoking device and suspected marijuana.
- Beall attempted SFSTs; Copenhaver showed impairment and was arrested.
- After a bench trial Copenhaver was convicted of two DUI counts (alcohol and controlled substance), possession of small amount of marijuana, and three Vehicle Code summary offenses; sentenced to partial confinement and fines.
- Copenhaver filed a late post-sentence motion; appellate timing issues led to a temporary quash, reinstatement, and this appeal.
- On appeal he challenged (1) authority of a sheriff’s deputy to stop/enforce an expired registration, (2) sufficiency of evidence for DUI convictions, and (3) weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Authority of sheriff to stop for expired registration | Commonwealth: deputy had authority (Act 120 training; common‑law peace powers and procedural rules support enforcement) | Copenhaver: sheriff/deputy lack statutory authority to enforce Motor Vehicle Code; expired sticker is not a common‑law "breach of the peace" | Court: Deputy had authority; Leet and Lockridge permit trained deputies to enforce Vehicle Code violations and file citations; expired registration can amount to breach of the peace for enforcement purposes |
| 2. Sufficiency of evidence for DUI convictions | Commonwealth: direct and circumstantial evidence (odor of alcohol/marijuana, red eyes, slurred speech, paraphernalia, impaired SFST performance) proved elements beyond a reasonable doubt | Copenhaver: evidence insufficient to prove DUI under 75 Pa.C.S.A. § 3802(d)(2) and (d)(3) | Court: Evidence sufficient; trial court’s credibility findings supported conviction |
| 3. Weight of the evidence | Commonwealth: trial court properly weighed credibility and evidence | Copenhaver: verdict against weight of the evidence | Court: No abuse of discretion by trial court; weight claim denied |
Key Cases Cited
- Commonwealth v. Marconi, 64 A.3d 1036 (Pa. 2013) (discusses limits of sheriffs’ common‑law breach‑of‑the‑peace enforcement of Vehicle Code)
- Commonwealth v. Leet, 641 A.2d 299 (Pa. 1994) (held sheriffs’ common‑law powers may include arrests for vehicle violations amounting to breaches of the peace)
- Commonwealth v. Lockridge, 810 A.2d 1191 (Pa. 2002) (supreme court: Rules of Criminal Procedure authorize a deputy to file Vehicle Code citations; Leet breach‑of‑peace discussion not necessary to that analysis)
- Commonwealth v. Dreves, 839 A.2d 1122 (Pa. Super. 2003) (untimely post‑sentence motions do not toll the appeal period)