Commonwealth v. Simmen
58 A.3d 811
| Pa. Super. Ct. | 2012Background
- Early morning December 18, 2010: Appellant Simmen involved in hit-and-run damaging Hespelein residence; he drove away leaving bumper and damage.
- Officer Guzzo followed tire and fluid trail from Hespelein to 8465 Coventry Drive; found burgundy car with missing bumper and deployed airbag.
- Officer Guzzo encountered Carly Simmen at 8465 Coventry Drive; she allowed entry and Appellant was found inside with odor of alcohol and bloodshot eyes.
- Appellant admitted drinking earlier; officer determined DUI; arrest at 1:43 a.m.; Breathalyzer read 0.125 at ~2:22 a.m.
- Appellant moved to suppress evidence; suppression denied; bench trial resulted in DUI conviction and related offenses.
- Appellant raises three suppression-related issues, challenging warrantless entry onto property and into residence, and lack of probable cause for arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Warrantless entry onto Appellant’s property and residence | Commonwealth asserts exigent/public safety concerns; no warrant required | Simmen contends driveway/curtilage protected; warrant needed | No error; driveway not curtilage; entry lawful |
| Warrantless entry into Appellant’s residence | Commonwealth relies on third-party consent by Carly Simmen | Simmen argues consent invalid? | Valid third-party consent; entry permissible |
| Probable cause to arrest for DUI without field sobriety tests | Commonwealth maintains totality of circumstances showed probable cause | Simmen contends lack of sobriety evidence without tests | Probable cause existed based on driving, odor of alcohol, bloodshot eyes, and admission of drinking |
Key Cases Cited
- Commonwealth v. Gibbs, 981 A.2d 274 (Pa.Super.2009) (curtilage and porch reasoning; public access to driveway permitted警)
- Commonwealth v. Reese, 31 A.3d 708 (Pa.Super.2011) (third-party consent authority to search common areas)
- Commonwealth v. Lee, 972 A.2d 1 (Pa.Super.2009) (courthouse curtilage and lack of exigency to search behind residence)
- Commonwealth v. Slonaker, 795 A.2d 397 (Pa.Super.2002) (probable cause for DUI independent of field sobriety tests)
- Commonwealth v. Williams, 941 A.2d 14 (Pa.Super.2008) (totality of circumstances for probable cause)
- Commonwealth v. Dommel, 885 A.2d 998 (Pa.Super.2005) (probable cause standard for warrantless arrest)
- Commonwealth v. Beattie, 601 A.2d 297 (Pa.Super.1991) (Beattie cited regarding public/private property distinction)