OPINION BY
Appellants, Waldemar Caban (“Caban”) and Yashera Renee Veras (“Veras”), appeal from the judgments of sentence entered on May 25, 2011,
On March 11, 2010 at approximately 1:00 p.m., Trooper Justin Jones of the Pennsylvania State Police stopped a car being driven by Veras traveling west on Interstate 80 for speeding. N.T., 11/12/10, at 6-7. Upon approaching the vehicle, Trooper Jones asked Veras for her driver’s license and the vehicle’s registration and insurance cards. Id. at 7. While waiting for these items to be produced, he inquired about her. destination, and when she could not answer, Caban, the passenger, interjected that they were going to a birthday party. Id. Veras then advised that the car belonged to Caban’s father. Id. at 8. Trooper Jones observed a bottle of Fa-breze in the back of the car, along with two canisters of what appeared to be perfume and several air fresheners.
Trooper Jones returned to his vehicle and prepared a citation for speeding. Id. at 8. He then pulled Veras from her car and asked her to step to its rear, at which time he gave her back her license and insurance card and told her that she was free to leave. Id. at 10. As Veras returned to her car, Trooper Jones asked if she would answer a few more questions. Id. Veras agreed, and Trooper Jones began to ask her more detailed questions about the birthday party (e.g., the name of the boy, his age, and the name of his father). Id. Showing definite signs of nervousness, Veras did not know the boy’s name, but said that he was a “toddler, maybe ten.” Id. at 9, 11. She could not provide any information about his father. Id.
At this time, Veras indicated that she “was ready to go.” Id. As she walked back to her car, Trooper Jones then told her to “hold tight” while he questioned Caban. Id. He then proceeded to ask Caban the same basic questions he had just asked Veras. Id. Caban told him that they were going to Dubois for a birthday party for the child of a friend named Wes, who he had known for a couple of years (although he could not remember his last name). Id. at 12. Trooper Jones then requested that Caban consent to a search the vehicle, but Caban denied the request. Id. Trooper Jones “then advised Caban that I could get a dog and laid his options out for him, told him I could get a dog or he could give the consent....”
I then asked Mr. Caban what the deal was, I can smell something, at which point he told me to search the vehicle, you won’t find anything anyways. I asked Mr. Caban at this point, [a]re you giving me consent to search your vehicle? He said, [y]es, you won’t find anything anyways.
Id. at 14-15. Trooper Jones then took the key from the ignition of the car and opened the trunk, at which time he discovered a two-foot deep by two-foot wide gift-wrapped box containing a large ball of marijuana wrapped in cellophane. Id. at 34; N.T., 3/17/11, at 52-53.
The trial court denied a motion to suppress the fruits of the search of the vehicle on constitutional grounds. The case proceeded to trial, at which time a jury convicted both Caban and Veras of the above-referenced crimes. The trial court imposed identical sentences for Caban and Veras: for possession with intent to deliver, a term of incarceration of three to six years; for criminal conspiracy to commit possession with intent to deliver, a concurrent term of incarceration of six months to two years; and for possession of drug paraphernalia, a concurrent term of one year of probation. The trial court also found both Caban and Veras to be eligible for an alternative minimum sentence/Recidivism Risk Reduction Incentive program, with alternative minimum sentences of 27 months.
Caban and Veras filed timely notices of appeal. Caban raises the following three issues for our consideration and determination:
1. Should the trial court have suppressed the evidence as a result of an illegal search and seizure by the police[.]
2. Was the consent to search the vehicle given by [Caban] legally operative^]
3. Did the prosecution prove that [Ca-ban and Veras] knowingly possessed the cellophane which is the basis of the drug paraphernalia charges!.]
Caban’s Brief at 4. Veras raises these three issues as well as a fourth:
4. Did [Caban], a passenger, have legal power and authority to consent to a search of the automobile Veras was driving[.]
Veras’ Brief at 5.
Except for the third issue, which raises a sufficiency of the evidence argument and thus will be addressed separately, the issues raised by Caban and Veras all depend upon the constitutionality of the search of the car resulting in the discovery of the marijuana. Accordingly, we will address these issues together. “Our standard of review in addressing a challenge to a trial court’s denial of a suppression motion is limited to determining whether the factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct.” Commonwealth v. Jones,
[W]e may consider only the evidence of the prosecution and so much of the evidence for the defense as remains uncon-tradicted when read in the context of the record as a whole. Where the record supports the findings of the suppression court, we are bound by those facts and*126 may reverse only if the court erred in reaching its legal conclusions based upon the facts.
Id.
Before considering the constitutionality of the search, we must first determine whether Caban and Veras have standing to suppress the search and a reasonable expectation of privacy. “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary rules under the Fourth Amendment of the United States Constitution or Article 1, Section 8 of the Pennsylvania Constitution.” Commonwealth v. Powell,
To prevail in a challenge to the search and seizure, however, a defendant accused of a possessory crime must also establish, as a threshold matter, a legally cognizable expectation of privacy in the area searched. Commonwealth v. Strickland,
In Commonwealth v. Burton,
In the present case, Caban and Veras were charged with possessory offenses, and thus both have automatic standing to move to suppress the evidence seized by police. With respect to a reasonable expectation of privacy, at the suppression hearing Veras and Caban did not offer any evidence to establish that they had permission to use the vehicle belonging to Caban’s father. Because our standard of review requires that we consider the entire record on appeal, however, we also look to the evidence introduced at trial. There Caban testified that he borrowed the car from his father. N.T., 3/18/11, at 51, 69-70. Veras corroborated this testimony, further adding that both she and Caban regularly borrowed the car for a variety of purposes, and that Caban’s father had no objection to them doing so long as they maintained it in a clean condi
Accordingly, we turn to the constitutionality of the search. The Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution both protect against unreasonable searches and seizures. U.S. Const. amend. IV; Pa. Const. art. I, § 8; Schneckloth v. Bustamante,
Pennsylvania case law recognizes three categories of interaction between police officers and citizens. The first is a “mere encounter,” which need not be supported by any level of suspicion. Acosta,
In Strickler, our Supreme Court set forth a number of factors to assist in determining whether the interaction between a defendant and a police officer following the conclusion of a valid traffic stop is a mere encounter or an investigative detention:
(1) the presence or absence of police excesses; (2) whether there was physical contact; (3) whether police directed the citizen’s movements; (4) police demeanor and manner of expression; (5) the location and time of the interdiction; (6) the content of the questions and statements; (7) the existence and character of the initial investigative detention, including its degree of coer-civeness; (8) ‘the degree to which the transition between the traffic stop/investigative detention and the subsequent encounter can be viewed as seamless, ... thus suggesting to a citizen that his movements may remain subject to police restraint,’ ... and (9) whether there was an express admoni*128 tion to the effect that the citizen-subject is free to depart, which ‘is a potent, objective factor.’
Commonwealth v. Kemp,
In the present case, Trooper Jones gave Veras a citation for speeding, returned her license and insurance card, and told her that she was free to leave. As Veras returned to her car, Trooper Jones asked if she would answer a few more questions. At the start, she answered the Trooper’s questions, but then indicated that she “was ready to go.” As she returned to her car, Trooper Jones told her to “hold tight” while he questioned Caban. Based upon this factual scenario, we conclude that Caban and Veras were subjected to an investigatory detention. To the extent that Trooper Jones renewed questioning of Veras began as a mere encounter based upon the Strickler factors, when Trooper Jones told her to “hold tight” he unquestionably made clear to her that she was not free to leave the scene. As our Supreme Court emphasized in Strickler, the threshold issue in distinguishing between a mere encounter and an investigatory detention is whether a reasonable person would have believed that she was free to leave, and to this end the inquiry must focus on whether the police officer, either by physical force or show of authority, has restricted the defendant’s movement in some way. Strickler,
We also conclude, however, that the facts adduced by Trooper Jones by the time he told Veras to “hold tight” provided him with sufficient reasonable suspicion to justify the investigatory detention. To establish reasonable suspicion, the officer must “articulate specific observations which, in conjunction with reasonable inferences derived from those observations, led him to reasonably conclude, in light of his experience, that criminal activity was afoot and that the person he stopped was involved in that activity.” Commonwealth v. Basinger,
In Commonwealth v. Dales,
In a subsequent case, Commonwealth v. Rogers,
Finally, in Commonwealth v. Kemp,
Based upon Rogers and Kemp, we conclude that Trooper Jones adduced sufficient facts to establish reasonable suspicion that criminal activity was afoot in this case. The car was owned by a third party not present in the vehicle, Veras acted nervously, the answers provided by Veras and Caban to basic questions regarding their destination were inconsistent, and various masking agents, including air fresheners, canisters of perfume, and a bottle of Fabreze, were present in the vehicle. When considering the totality of the circumstances, we need not limit our inquiry to only those facts that clearly and unmistakably indicate criminal conduct. Id. Instead, “even a combination of innocent facts, when taken together, may warrant further investigation by the police officer.” Id. (quoting Cook,
Veras contends that Caban, as a mere passenger in the vehicle, lacked the capacity and authority to consent to the search. In particular, Veras argues that Caban, as a passenger not in control of the vehicle, lacked a reasonable expectation of privacy in its contents, including both its interior and the trunk. Veras posits that a line of Pennsylvania cases, including Commonwealth v. Millner,
For the reasons set forth herein-above, we have concluded that Caban, after borrowing the car from his father, did have a reasonable expectation of privacy sufficient to challenge the validity of the search in this case. See supra at 9. We likewise disagree with Veras’ contention that the distinction between automobile drivers and passengers plays any important role in determining whether a reasonable expectation of privacy exists in a particular case. In Millner and Powell, for example, the defendants both failed to establish any interest whatsoever in the vehicle in question. Millner,
Turning to Caban’s argument that his consent to search was coerced, the Commonwealth bears the burden of establishing that a consent is the product of an essentially free and unconstrained choice— not the result of duress or coercion, express or implied, or a will overborne— under the totality of the circumstances. Ohio v. Robinette,
In reviewing the totality of the circumstances, Pennsylvania courts have considered a variety of factors to assess the voluntariness of the consent, including the length and location of the detention; whether there were any police abuses, physical contact, or use of physical restraints; any aggressive behavior or any use of language or tone by the officer that were not commensurate with the circumstances; whether the questioning was repetitive and prolonged; whether the person was advised that he or she was free to leave; and whether the person was advised of his or her right to refuse to consent. See, e.g., Strickler,
In assessing these factors, it is clear Trooper Jones did not coerce Ca-ban’s consent in this case. The investigatory detention took place in an open location, on an exit ramp of a public highway, during the middle of the day (around 1:00 p.m.). Caban does not contend that the detention was exceedingly long or that Trooper Jones’ questioning was repetitive or deceptive in any way. The record on appeal does not indicate that there were any police abuses, aggressive tactics, physical contact, or the use of physical restraints any time during the detention. Caban was advised that he was free to leave, and while not specifically advised by Trooper Jones, Caban undoubtedly knew that he had the right to refuse to consent because he initially did so (which refusal Trooper Jones accepted without argument).
Instead, Caban argues that Trooper Jones’ statement that the car would be detained until the drug-sniffing dog arrived unless he consented to the search placed undue pressure on him.
As their final issue on appeal, Caban and Veras contend that the Commonwealth failed to introduce sufficient evidence to support the paraphernalia conviction. 35 P.S. § 780 — 113(a)(32) prohibits
[t]he use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.
35 P.S. § 780 — 113(a)(32). Caban and Ver-as apparently concede that the cellophane used for packing the marijuana is the use of paraphernalia as defined in the statute. While not entirely clear,
Our standard of review for a sufficiency of the evidence claim is as follows:
The standard we apply in reviewing the sufficiency of the evidence is whether viewing all the evidence admitted at trial in the light most favorable to the verdict winner, there is sufficient evidence to enable the fact-finder to find every element of the crime beyond a reasonable doubt. In applying the above test, we may not weigh the evidence and substitute our judgment for the fact-finder. In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. Any doubts regarding a defendant’s guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances. The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence. Moreover, in applying the above test, the entire record must be evaluated and all evidence actually received must be considered. Finally, the trier of fact while passing upon the credibility of witnesses and the weight of the evidence produced, is free to believe all, part or none of the evidence.
In this case, the jury convicted Caban and Veras of knowingly possessing the marijuana in the box with the intent to deliver it. They do not challenge this conviction. As a result, the jury, as was its province based upon the evidence presented at trial, determined that Caban and Veras knew the entirety of the contents of the box. Therefore, the jury could reasonably have inferred that Caban and Veras knew not only of the marijuana in the box but also of the other contents of the box— including the cellophane in which the marijuana was wrapped. Moreover, as the Commonwealth correctly points out, the jury was also entitled to conclude that the box itself (gift-wrapped to appear to be a birthday present) was a form of drug paraphernalia prohibited by section 780-113(a)(32), as it constituted packaging intended to conceal the existence of controlled substances. For these reasons, this argument has no merit.
Judgments of sentence affirmed.
Notes
. These cases were consolidated on appeal pursuant to Pa.R.A.P. 513.
. On cross-examination, Trooper Jones clarified that he saw two or three air fresheners. Id. at 19.
. The line of questioning on this issue proceeded as follows:
Q. So what were the options that you outlined for Mr. Caban?
A. I just simply told Mr. Caban that there were two ways we could do this; he gives me consent to search the vehicle or we can call a dog, whichever he wants to do.
Q. Okay. So what you said to him was, we’re seizing your car or you can give us consent?
A. The way it was stated was that he was free to go, he could give me consent to search the car, we'd search the car, they could be on their way—
Q. He was—
A. — or they were free to leave, I could get a dog, the car would be detained until a dog would arrive and do an air sniff of the vehicle.
Id. at 32.
. Veras also argues that this Court’s recent decision in Commonwealth v. Joseph,
. We note that Trooper Jones’ decision to detain the vehicle while waiting for the arrival of a drug-sniffing dog was needless under the circumstances presented. Since Trooper Jones and Trooper Gibson had both clearly smelled the odor of raw marijuana emanating from the trunk of the vehicle, the troopers already had probable cause to believe that a drug-related crime was being committed. As such, a positive reaction from a drug-sniffing dog was unnecessary, as probable cause already existed.
The existence of probable cause would not have provided Trooper Jones with the authority to search the trunk of the vehicle or to open the package contained therein. Commonwealth v. Hernandez,
In the present case, Caban’s consent to conduct the search eliminated the need to obtain a warrant.
. Alternatively, Caban and Veras could be arguing that the cellophane is a “fruit of the poisonous tree,” Le., because Trooper Jones’ search of the trunk and the contents of the box were illegal, the evidence inside the box (including the cellophane) must be suppressed. We will not address this argument further, as we have already determined that the search of the trunk and the box were legal and constitutional.