86 A.3d 865
Pa. Super. Ct.2013Background
- Durso appeals after being convicted of two DUI offenses and a headlight violation on a stop near Slippery Rock University; sentence for intermediate punishment is challenged.
- Officers stopped Durso on Kiester Road for an extinguished headlight; the stop occurred off campus but within 500 yards of the university boundary on university property nearby.
- Durso moved to suppress evidence, arguing campus police lacked jurisdiction under 71 P.S. § 646 to stop off campus.
- The trial court relied on 71 P.S. § 646.1 to permit stops within 500 yards for state-aided/state-related campuses, and held the stop legal.
- The statute distinctions between state-owned versus state-aided/state-related institutions were argued, with Durso asserting Slippery Rock is state-owned and thus outside § 646.1; the Commonwealth contends 646.1 covers all state-owned as well via broad interpretation.
- On appeal, the court reverses, holding 71 P.S. § 646.1 does not apply to state-owned institutions and the stop was illegal, requiring suppression of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 71 P.S. § 646.1 authorize campus police at state-owned universities to stop within 500 yards? | Durso argues no; § 646.1 applies only to state-aided/related institutions. | Commonwealth argues yes; state-owned schools fall within 646.1 as campus police authority within 500 yards. | No; § 646.1 does not apply to state-owned institutions. |
| Do 53 Pa.C.S. § 2162 definitions exclude state-owned campuses from campus police powers under § 646.1? | Durso relies on 53 Pa.C.S. § 2162 to limit campus police to non-state-owned settings. | Commonwealth contends 2162 excludes only some definitions, but parity with 646.1 expands coverage to state-owned. | Yes; state-owned institutions are excluded from campus police under 53 Pa.C.S. § 2162, so § 646.1 cannot apply. |
| Should the statutes be read in pari materia to include state-owned schools under § 646.1? | Durso would have pari materia inclusion if applicable. | Commonwealth argues pari materia supports broad inclusion. | No; the statutes distinguish state-owned versus state-aided/related institutions, so 646.1 does not include state-owned. |
Key Cases Cited
- Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. 2011) (statutory interpretation standard of review is de novo; plenary review)
- Bailey v. Commonwealth, 986 A.2d 860 (Pa. Super. 2009) (courts must give effect to all provisions; avoid superfluous language)