Commonwealth v. Forrey
108 A.3d 895
| Pa. Super. Ct. | 2015Background
- June 3, 2013, around 11:45 p.m., troopers find a disabled red Dodge pickup on the shoulder of a rural highway in Adams County; lights off and safety concerns lead to investigation.
- Debris trail from the truck extends 25 to 75 feet down an embankment into a wooded area, including glass, papers, TVs, boxes, trash, clocks, a stereo cabinet, and a United States flag.
- Appellant provides name and address but refuses to answer other questions, then begins to scream and curse, moving toward the road and traffic.
- Appellant is placed in handcuffs to prevent fleeing; he yells at troopers with profane, inflammatory statements.
- Local police arrive to assist; he is charged with misdemeanor flag desecration (later dismissed), and summaries for scattering rubbish and disorderly conduct by making unreasonable noise.
- After a summary trial, he is convicted on the two remaining offenses and fined; on appeal, the conviction for disorderly conduct by unreasonable noise is challenged as insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the speech constituted unreasonable noise under 18 Pa.C.S.A. § 5503(a)(2). | Forrey argues no members of the public heard the outburst; rural highway context; not unreasonable. | Commonwealth contends the volume and public-access standard could allow a finding of unreasonable noise. | Unreasonable-noise element not proven; conviction reversed in part. |
| Whether the outburst is protected speech under the First Amendment. | Forrey asserts First Amendment protection for his statements. | Commonwealth invites consideration of non-constitutional grounds; not necessary to reach. | Court declines to address First Amendment issue given other basis for reversal; remand for fines only. |
Key Cases Cited
- Commonwealth v. Maerz, 879 A.2d 1267 (Pa. Super. Ct. 2005) (limits on unreasonable-noise inquiry; noise must be inconsistent with neighborhood standards)
- Commonwealth v. Gilbert, 674 A.2d 284 (Pa. Super. Ct. 1996) (highway noise in a nonresidential setting may fail to show unreasonableness)
- Commonwealth v. Alpha Epsilon Pi, 540 A.2d 580 (Pa. Super. Ct. 1988) (late-night noise heard at 50 yards can sustain disorderly conduct)
- Commonwealth v. Koch, 431 A.2d 1052 (Pa. Super. Ct. 1981) (kennel noise in rural area did not constitute unreasonable noise)
- Commonwealth v. Einhorn, 911 A.2d 960 (Pa. Super. Ct. 2006) (note on constitutional claim not reached when non-constitutional grounds exist)