Commonwealth v. Palmer, 145 A.3d 170

On March 4, 2014, Detective Caterino stopped a maroon Pontiac after recognizing the driver and observing a passenger try to shield his face; the driver had no valid license.
The vehicle stopped in an illegal parking spot on the roadway and none of the occupants (including Palmer, a rear-seat passenger) had valid licenses.
Detective Caterino called for a tow because the car could not lawfully remain where it was and could not be moved by any occupant.
While ordering occupants out so the car could be towed, Caterino observed Palmer behave nervously, repeatedly ignore directions, and reach toward his person; the officer had prior knowledge linking Palmer to firearm investigations.
Caterino conducted a frisk, felt bundled heroin on Palmer’s lower left leg, then found a firearm on his right thigh during a subsequent search; Palmer was charged with firearm and drug offenses.
Palmer moved to suppress the evidence arguing the traffic stop had concluded before he was ordered out and frisked; the trial court denied suppression and the Superior Court affirmed the conviction and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers lawfully ordered Palmer out of the car and frisked him after a traffic stop	Palmer: the traffic stop had ended before he was ordered out, so any frisk required separate reasonable suspicion and was unlawful	Commonwealth: towing the car was a task tied to the traffic stop; ordering occupants out for a tow is within the officer’s authority during the stop	The stop was ongoing because the car had to be towed; ordering Palmer out and frisking him was lawful based on the ongoing stop and his behavior

Rodriguez v. United States, 135 S. Ct. 1609 (U.S. 2015) (authority for seizure ends when tasks tied to the traffic infraction are completed)
Commonwealth v. Lagenella, 83 A.3d 94 (Pa. 2013) (officer may tow vehicle when driver’s privilege is suspended and vehicle cannot remain safely in place)
Commonwealth v. Boyd, 17 A.3d 1274 (Pa. Super. 2011) (officer may order occupants out of vehicle during valid traffic stop)
Commonwealth v. Reppert, 814 A.2d 1196 (Pa. Super. 2002) (officer may alight occupants to protect safety; authority ends when traffic stop concludes)
Commonwealth v. Pratt, 930 A.2d 561 (Pa. Super. 2007) (ordering occupants out valid even absent reasonable suspicion)
Commonwealth v. Freeman, 757 A.2d 903 (Pa. Super. 2000) (stop concludes when officer has accomplished purpose and told driver free to leave)
Commonwealth v. Parker, 619 A.2d 735 (Pa. Super. 1992) (continued detention after citation may be unlawful absent articulable suspicion)
Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (standard of review for suppression rulings)