Commonwealth v. Shabazz
18 A.3d 1217
| Pa. Super. Ct. | 2011Background
- Nov. 28, 2008, officer observed objects hanging from appellant's inside rearview mirror and stopped him for alleged obstruction under 75 Pa.C.S.A. § 4524(c); appellant was cited and charged with DUI by municipal court complaint.
- June 18, 2009, municipal court held suppression hearing; denied suppression but recused defense counsel.
- Nov. 18, 2009, municipal court found DUI; Feb. 3, 2010, appellant sentenced to 72 hours to six months plus fines.
- Pa.R.Crim.P. 1006/1008 petition for writ of certiorari filed; common pleas affirmed denial of relief on Apr. 5, 2010.
- Appellant appeals, arguing the stop lacked reasonable suspicion; the Superior CourtAffirms denial of relief, holding the officer articulated specific observations and reasonable inferences to support obstruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop for §4524(c)? | Shabazz argues objects could not materially obstruct visibility | Commonwealth contends objects (dice and air fresheners) materially obstructed view | Yes; stop supported by reasonable suspicion |
Key Cases Cited
- Commonwealth v. Benton, 655 A.2d 1030 (Pa. Super. 1995) (illegal stop where officer lacked articulable grounds to believe §4524(c) violated)
- Commonwealth v. Felty, 662 A.2d 1102 (Pa. Super. 1995) (requires articulable facts linking objects to obstruction)
- Commonwealth v. Anthony, 1 A.3d 914 (Pa. Super. 2010) (officer must articulate facts showing material obstruction, not just presence of objects)
- Holmes v. Commonwealth, 14 A.3d 89 (Pa. 2011) (requires specific, articulable facts for reasonable suspicion; totality of circumstances)
- Commonwealth v. Dixon, 997 A.2d 368 (Pa. Super. 2010) (standard for reviewing suppression findings; binding factual findings)