Commonwealth v. Downey
39 A.3d 401
| Pa. Super. Ct. | 2012Background
- Downey was convicted of underage drinking in magisterial district court and appealed to the Court of Common Pleas of Chester County for a de novo trial on August 10, 2010.
- At roughly 10:00 p.m. on March 17, 2010, West Chester University police observed Downey on the Sharpless Street Garage sidewalk, heard loud screaming from the second floor, and detained Downey as he attempted to enter an elevator.
- Officer Paris, five feet from Downey, noted Downey was unsteady, slow to respond, and smelled of alcohol, leading to a request for identification and field sobriety tests.
- Downey refused a breathalyzer, was arrested for underage drinking, and a portable breathalyzer at the station tested positive for alcohol.
- Downey admitted an oral suppression motion at trial; the trial court denied suppression and convicted him, imposing fines and costs; on appeal Downey challenges suppression and admissibility of the breathalyzer results.
- The Commonwealth raised a waiver issue regarding suppression motions and Downey’s failure to file a written motion; the court resolved this issue and proceeded to address the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression issue was waived | Downey | Commonwealth | Not waived; oral suppression motion entertained and ruled on merits. |
| Whether the detention was supported by reasonable suspicion | Downey’s stop was unlawful because no reasonable suspicion existed | Officer had reasonable suspicion based on appearance, odor of alcohol, and unsteadiness | Detention evolved from a mere encounter to an investigatory detention with reasonable suspicion; denial of suppression upheld. |
| Whether portable breathalyzer results were admissible | Downey | Results should be admitted | Waived for purposes of appeal due to lack of objection at de novo trial. |
Key Cases Cited
- Commonwealth v. Long, 753 A.2d 272 (Pa.Super.2000) (waiver discretion for suppression motions; oral motions permissible when opportunity exists)
- Commonwealth v. Moore, 11 A.3d 538 (Pa.Super.2010) (mere encounter exception; seizure requires reasonable suspicion)
- Commonwealth v. Au, 986 A.2d 864 (Pa.Super.2009) (three-tier framework of encounters; mere encounter vs detention vs arrest)
- Commonwealth v. Brown, 606 Pa. 198, 996 A.2d 473 (Pa.2010) (reasonable suspicion standard for investigatory detention)
- Commonwealth v. Brigidi, 607 Pa.3d 329, 6 A.3d 995 (Pa.2010) (pre-arrest breath test admissibility; BrIGIDI cited regarding portable breath tester)
- Commonwealth v. Johnson, 83 A.3d 122 (Pa.Super.2011) (standard of review for suppression rulings)