206 A.3d 537
Pa. Super. Ct.2019Background
- James Edward Walls was stopped and later pled no contest to DUI after Troopers observed his pickup drifting within its lane and crossing the right fog line twice over ~300 yards; suppression court denied his motion to suppress.
- Trooper Justin Rosboschil radioed that a northbound truck appeared to be straddling the right fog line; Trooper Joshua Herman slowed, turned, followed, and observed the truck weave and touch/leave the fog line before initiating a stop.
- Herman had eight years’ experience and testified he had a clear view despite dashboard-camera glare; the suppression court credited his testimony and reviewed the video.
- The court relied on the combined observations (Rosboschil’s radio report and Herman’s own observations) to find reasonable suspicion of DUI supporting an investigatory traffic stop under 75 Pa.C.S. § 6308(b).
- Walls argued the stop lacked reasonable suspicion and thus all evidence should be suppressed; the Superior Court affirmed the judgment of sentence, holding the stop lawful.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion of DUI | Walls: stop unlawful; no reasonable suspicion to detain for DUI | Commonwealth: Troopers’ combined observations (radioed tip + Herman’s observations of weaving and fog-line crossings) provided reasonable suspicion | Affirmed: reasonable suspicion existed to justify investigatory stop |
Key Cases Cited
- Commonwealth v. Smith, 164 A.3d 1255 (Pa. Super. 2017) (standard of review for suppression hearing and deference to suppression court findings)
- Commonwealth v. Feczko, 10 A.3d 1285 (Pa. Super. 2010) (Section 6308(b) stops must serve an investigatory purpose; analogy to Terry)
- Commonwealth v. Sands, 887 A.2d 261 (Pa. Super. 2005) (observed vehicle drifting across fog line multiple times can create reasonable suspicion of DUI)
- Commonwealth v. Brown, 996 A.2d 473 (Pa. 2010) (reasonable suspicion is based on totality of circumstances and officer inferences)
- Commonwealth v. Anthony, 977 A.2d 1182 (Pa. Super. 2009) (reasonable suspicion may be based on reliable third-party observations relayed by dispatch or another officer)