Commonwealth v. Greely
37 Pa. D. & C.5th 30
Pennsylvania Court of Common P...2014Background
- On June 2, 2013 at about 11:21 P.M., Officer DeCamillo observed a silver 2004 Saturn Ion in a Wal-Mart lot with two occupants.
- Driver identified Jamie Lee Umer; front passenger claimed to be Bryan Parsons but was later found to be Brian Thomas Greely.
- Officer noted the defendant appeared intoxicated, with bloodshot/glassy eyes and a half-full tequila bottle between his feet.
- The defendant fled on foot after exiting the vehicle; the driver did not know why he fled.
- The driver provided the defendant’s phone number and location; police later contacted the grandmother, Loretta Greely, who confirmed the defendant’s residence.
- The defendant had an open SCOFF Law warrant for cruelty to animals; charges included false identification and public drunkenness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| suppression burden in motion | Commonwealth bears burden to prove evidence obtained lawfully. | suppression warranted due to unlawful stop and search. | suppression granted; evidence suppressed |
| reasonable suspicion for stop under §6308(b) | totality of circumstances supported reasonable suspicion. | observations insufficient for detention. | stop improper; no reasonable suspicion |
| false identification statute interpretation | defendant provided identifying information; misnaming constitutes false ID. | Social Security number sufficed; name/date variance not false ID. | statute not violated; not false identification |
| public drunkenness elements | defendant appeared intoxicated and in public with alcohol present. | no conduct endangering or alarming enough to violate statute. | no probable cause; suppression warranted |
| prima facie case and habeas relief | evidence could support prima facie case for trial. | insufficient evidence to warrant belief of guilt. | habeas relief granted; suppression affirmed |
Key Cases Cited
- Commonwealth v. West, 834 A.2d 625 (Pa. Super. 2003) (burdens in suppression rulings)
- Commonwealth v. Wilmington, 729 A.2d 1160 (Pa. Super. 1999) (pretrial suppression framework)
- Commonwealth v. Chase, 960 A.2d 108 (Pa. 2008) (reasonable suspicion and stop standard)
- Commonwealth v. Little, 903 A.2d 1269 (Pa. Super. 2006) (totality of the circumstances análise)
- Commonwealth v. Bennet, 827 A.2d 469 (Pa. Super. 2003) (reasonable suspicion standards cited)
- Commonwealth v. Cook, 735 A.2d 673 (Pa. 1999) (totality of circumstances and inferences)
- United States v. Cortez, 449 U.S. 411 (1971) (totality of circumstances approach)
- Ornelas v. United States, 517 U.S. 690 (1996) (probable cause standard for stops)
- Whren v. United States, 517 U.S. 806 (1996) (actual motives of officer not controlling)
- Commonwealth v. Santiago, 980 A.2d 659 (Pa. Super. 2009) (credibility in suppression court)
- Commonwealth v. Costa-Hernandez, 802 A.2d 671 (Pa. Super. 2002) (credibility and evidence consideration)
- Commonwealth v. Marti, 779 A.2d 1177 (Pa. Super. 2001) (evidence read in favor of Commonwealth)
- Commonwealth v. Owen, 580 A.2d 412 (Pa. Super. 1990) (inferences favorable to Commonwealth)
- Commonwealth v. Hock, 728 A.2d 943 (Pa. 1999) (prima facie case standard for habeas relief)
- Commonwealth v. Rachau, 670 A.2d 731 (Pa. Commw. 1996) (pre-trial evidentiary showings)
- Commonwealth v. Kowalek, 647 A.2d 949 (Pa. Super. 1994) (elements of crime and probable cause)
- Commonwealth v. Huggins, 836 A.2d 862 (Pa. 2003) (prima facie case and probable cause standard)
- Commonwealth v. McBride, 595 A.2d 589 (Pa. Super. 1991) (elements of crime and probable cause)
- Commonwealth v. Wojdak, 466 A.2d 991 (Pa. Super. 1983) (jurisprudence on sufficiency)