Commonwealth v. Durr
32 A.3d 781
Pa. Super. Ct.2011Background
- Officer Shields assisted a traffic stop; Durr was a passenger in the stopped vehicle.
- Shields attempted to identify all occupants per department policy; Durr provided alias James Durr, matching prior alias.
- Tattoo and description corroborated identity; there was an outstanding arrest warrant for Durr.
- Shields arrested Durr after obtaining information confirming identity and warrant; Durr later admitted his true identity during transport.
- Commonwealth charged Durr with false identification to law enforcement authorities under 18 Pa.C.S. § 4914(a).
- Defendant moved to suppress his statement, arguing the identity inquiry constituted unlawful investigative detention; the trial court granted suppression.
- On appeal, Commonwealth argues the inquiry was permissible and not an unlawful detention; the court reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether requesting a passenger’s identity in a lawfully stopped vehicle is a Fourth Amendment seizure | Durr (Commonwealth)—in Campbell, a passenger’s identity inquiry is permissible | Durr—such inquiry intrudes on privacy and constitutes investigative detention without reasonable suspicion | Yes; permissible identity inquiry does not trigger Fourth Amendment seizure |
| Whether the identity request during a stop implicates Fifth Amendment self-incrimination | Commonwealth—no compelled testimony; name disclosure not incriminating | Durr—might be incriminating in future proceedings | No Fifth Amendment violation for this identity request under the circumstances |
| Whether the encounter was a mere encounter or an investigative detention requiring reasonable suspicion | Commonwealth—passenger identification during a lawful stop is permissible | Durr—interaction was an investigative detention without reasonable suspicion | Encounter was a mere encounter; no detention absent reasonable suspicion |
Key Cases Cited
- Commonwealth v. Campbell, 862 A.2d 659 (Pa.Super.2004) (police may inquire passenger identity in a lawfully stopped vehicle)
- Commonwealth v. Byrd, 987 A.2d 786 (Pa.Super.2009) (standard of review for suppression appeals; binding facts and nonbinding legal conclusions)
- Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177 (U.S. 2004) (answering name request may be insignificant but may become incriminating in rare cases)
- Commonwealth v. Reed, 19 A.3d 1163 (Pa.Super.2011) ( Fifth Amendment considerations in identity cases)
- Commonwealth v. Barnes, 14 A.3d 128 (Pa.Super.2011) (statutory interpretation of 18 Pa.C.S. § 4914 concerning false information)
- Commonwealth v. Au, 986 A.2d 864 (Pa.Super.2009) (distinguishes passenger identity inquiry from investigative detention in certain stops)