Lead Opinion
OPINION
At 8:80 а.m. on August 24, 2004, Officer John Stephens was parked off Route 5, a two-lane highway with a broken-yellow center line and no traffic signals. Officer Stephens watched appellee’s car for 20 to 30 seconds before it passed him; he
Based on this and additional information collected after the stop, appellee was charged with DUI-General impairment, 75 Pa.C.S. § 3802(a)(1). He was also charged with driving on roadways laned for traffic, 75 Pa.C.S. § 3309(1) (“Driving within single lane.—A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.”), and driving on the right side of roadway, 75 Pa.C.S. § 3301(a) (“General rule.— Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway....”). Appellee moved to suppress all evidence obtained after the stop, which he alleged violated both the federal and state constitutions.
The trial court granted appellee’s suppression motion, concluding both constitutions require probable cause to stop a vehicle for an alleged traffic violation, rendering unconstitutional the Vehicle Code provision authorizing stops based on reasonable suspicion. The Commonwealth appealed pursuant to 42 Pa.C.S. § 722(7), which vests this Court with exclusive jurisdiction where a trial court has invalidated a statute on constitutional grounds. No ruling was made on the two summary offenses.
The former version of 75 Pa.C.S. § 6308(b) required an officer to have “articulable and reasonable grounds to suspect a violation of [the Vehicle Code]” to effectuate a vehicle stop. 75 Pa.C.S. § 6308, amended by 2003 Pa. Laws 24, § 17 (effective Feb. 1, 2004). This Court interpreted “articulable
Gleason thus held the statutory standard for stops based on potential Vehicle Code violations was probable cause, even if an investigative stop would be constitutionally permitted in a non-vehicle situation based on reasonable articulable suspicion.
Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of cheeking the vehicle’s registration, proof of financial responsibility, vehicle identification number or engine number or the driver’s license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title.
75 Pa.C.S. § 6308(b). Thus, when an officer has reasonable suspicion a violation of the Vehicle Code is occurring or has occurred, he may interrupt the privileged operation of a vehicle on the public highways and stop the vehicle for the investigative purposes stated therein. Id. The changes became effective February 1, 2004, and thus apply here.
The issue before us is whether the lеgislature could determine the quantum of cause an officer needs to stop a vehicle for an alleged violation of the Vehicle Code. This being a question of law, our scope of review is plenary and our standard of review is de novo. Craley v. State Farm Fire and
The Fourth Amendment to the United States Constitution
A warrantless seizure is presumptively unreasonable under the Fourth Amendment, subject to a few specifically established, well-delineated exceptions. Horton v. California,
Appellee goes on to argue some federal circuits “have hеld that probable cause is required to conduct a traffic stop.” Appellee’s Brief, at 25 (citations omitted). However, a review of those cases reveals they too merely confirm that a vehicle stop based on probable cause was lawful—they do not state probable cause was required for every stop, merely because a vehicle was involved. See United States v. Puckett,
The First, Fourth, Fifth, Seventh, and District of Columbia Circuits also have indicated reasonable suspicion is sufficient to justify a vehicle stop. See Booker, at 721-22 (reasonable suspicion existed to investigate placement of temporary tag on vehicle); United States v. Lopez-Moreno,
These federal cases acknowledge the constitutionality of a vehicular Terry stop to investigate suspected criminal activity.
The Third Circuit summarized this area of law:
Terry and Whren stand for the proposition that a traffic stop will be deemed a reasonable “seizure” when an objective review of the facts shows that an officer possessed specific, articulable facts that an individual was violating a traffic law at the time of the stop. In other words, an officer need not be factually accurate in her belief that a traffic law had been violated but, instead, need only produce facts establishing that she reasonably believed that a violation had taken place.
Delfin-Colina, at 398.
Appellee’s argument conflates two portions of the Terry exception; Terry requires reasonable suspicion, and its purpose is to allow immediate investigation through temporarily maintaining the status quo. If reasonable suspicion exists, but a stop cannot further the purpose behind allowing the stop, the “investigative” goal as it were, it cannot be a valid stop. Put another way, if the officer has a legitimate expectation of investigatory results, the existence of reasonable suspicion will allow the stop—if the officer has no such expectations of learning additional relevant information concerning the suspected criminal аctivity, the stop cannot be constitutionally permitted on the basis of mere suspicion.
In Whitmyer, we reviewed a vehicle stop and stated:
*93 We note that this is not a case where further investigation would lead to a discovery of a violation of the Vehicle Code. If the trooper was unable to clock Appellee for three-tenths of a mile or observe the conditions that would warrant a citation for driving at an unsafe speed, there is no further evidence that could be obtained from a subsequent stop and investigation.
Whitmyer, at 1118. The Superior Court recently followed similar logic:
[I]t is hard to imagine that an officer following a vehicle whose driver is suspected of driving at an unsafe speed would discover anything further from a stop and investigation. Similarly, if an officer who observes a driver run a red light or drive the wrong way on a one-way street, the officer either does or does not have probable cause to believe there has been a violation of the Vehicle Code. A subsequent stop of the vehicle is not likely to yield any more evidence to aid in the officer’s determination.
Commonwealth v. Sands,
Sands distinguished a vehicle stop for suspected DUI, noting that such a stop was “a scenario where furthеr investigation almost invariably leads to the most incriminating type of evidence, ie., strong odor of alcohol, slurred speech, and blood shot eyes. This type of evidence can only be obtained by a stop and investigation.” Id. This is correct—when the existence of reasonable suspicion combines with the expectation that the stop will allow light to be shed on the relevant matters, the stop is not unconstitutional.
The statute cannot reduce the protections a citizen has under our Constitution—if it did so, it would indeed be unconstitutional. A statutory standard minimally equivalent to the constitutional standards applied in other situations is appropriate; it is not inconsistent with our jurisprudence.
Indeed, the language of § 6308 reflects this very intent. Stops based on reasonable suspicion are allowed for a stated investigatory purpose: “to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title.” 75 Pa.C.S. § 6308(b). This is conceptually equivalent to the purpose of a Terry stop. It does not allow all stops to be based on the lower quantum—it merely allows this for investigatory stops, consistent with the requirements of both federal and state constitutions. We interpret the legislature’s modification of § 6308 as merely eliminating the statutory requirement of a greater level of information for a stop under the Vehicle Code than is constitu
The trial court’s ordеr is reversed to the extent it found 75 Pa.C.S. § 6308(b) unconstitutional under the federal constitution.
This does not end our analysis, as Article I, § 8 of the Pennsylvania Constitution also protects against unreasonable searches and seizures.
The Commonwealth argues Article I, § 8 does not require an officer possess more than reasonable suspicion to make a vehicle stop. Appellee argues Article I, § 8 requires probable cause to make a vehicle stop.
Turning to history and ease law, both parties rеfer to the general proposition that “unlike the Fourth Amendment, Article I, [§ ] 8 was motivated by a desire to safeguard citizens’ privacy.” Id. There are three relevant cognizable categories of interactions between persons arid police: a mere encounter, an investigative detention, and a custodial detention or arrest. Commonwealth v. Polo,
Appellee relies on our decisions in Whitmyer, Gleason, Commonwealth v. Swanger,
[Bjefore a police officer may stop a single vehicle to determine whether or not the vehicle is being operated in compliance with the Motor Vehicle Code, he must have probable cause based on specific facts which indicate to him either the vehicle or the driver are in violation of the code.
Id., at 879. Importantly, Swanger did not mention Article I, § 8, as it was a Fourth Amendment case.
Murray interpreted § 1221 to mean probable cause was required to conduct a vehicle stop for an alleged violation of the Vehicle Code. Murray, at 416-17. However, Murray also stated, “[A]n investigative stop of a moving vehicle to be valid must be based upon objective facts creating a reasonable suspicion that the detained motorist is presently involved in criminal activity.” Id., at 418. Again, like Swanger, Murray did not mention Article I, § 8, as it was a Fourth Amendment case.
Thus, Whitmyer, Gleason, Murray, and Swanger did not address, let alone hold, Article I, § 8 required police possess probable cause to make a vehicle stop.
McKinley stated:
[T]he decision in Whitmyer to retain an elevated standard to support automobile stops for Vehicle Code violations derived from interpretation of an undefined term and reconciliation of the statute with prior rulings of the Court that the probable cause standard for these kinds of stops was constitutionally and/or judicially mandated, see Whitmyer, ... at 1115-16 (citing Murray [and] Swanger), and not from the plain meaning of a statutorily defined term.
McKinley, at 705 n. 2. While this footnote may seem persuasive for appellee, McKinley dealt with “the validity of an administrative driver’s license suspension under the Implied Consent Law, which was predicated on an extraterritorial encounter between Appellant and a Harrisburg International Airport Police corporal.” Id., at 701. Therefore, McKinley also did not address, let alone hold, Article I, § 8 required police possess probable cause to make a vehicle stop. To the extent McKinley or any other cases could be construed to hold probable cause is required to make all vehicle stops under the Fourth Amendment or Article I, § 8, this would conflict with our repeated statements that Article I, § 8 is the same as the Fourth Amendment for Terry purposes. See Revere, at 699 n.
Ultimately, this history and case law reveals two main points. First, since the Fourth Amendment and Article I, § 8 are coterminous for Terry purposes, and the Fourth Amendment allows for an investigative detention in the form of a vehicle stop, Article I, § 8 allows for a vehicle stop based on reasonable suspicion. Second, we have not held Article I, § 8 requires a vehicle stop to be supported by probable cause. Accordingly, this factor weighs for the Commonwealth.
A review of other states’ case law reveals many states have upheld vehicle stops based on reasonable suspicion. See generally Commonwealth’s Brief, Appendix 1-2, at 38-41 (collecting numerous cases). Appellee cites seven cases from other states for the proposition that probable cause is required to conduct a vehicle stop. See Appellee’s Brief, at 13. However, none of those cases have held a state constitution requires police have probable cause to make a vehicle stop. See Commonwealth v. Fox,
The Commonwealth argues a reasonable suspicion standard adequately addresses law enforcement’s need to enforce the Vehicle Code and the citizenry’s privacy interests. Appellee, along with other interested parties who filed amicus briefs, argues reasonable suspicion would not adequately protect Pennsylvanians’ privacy and essentially would provide police with unfettered discretion, which could lead to police making vehicle stops bаsed on a pretextual motive.
As noted above, Pennsylvanians have a right to be free from unreasonable searches and seizures, and this Court found Article I, § 8 contains a privacy protection. While this notion of privacy is applicable to a vehicle, we have long concluded it to be diminished in a vehicle. See Commonwealth v. Rogers, 578 Pa. 127,
Pennsylvanians also have a significant interest in having the Vehicle Code enforced. In the context of DUI roadblocks, we
[T]he mass carnage that results from unlicensed drivers and unsafe vehicles occupying the road, outweighs the privacy interests of the individual.... [T]he state has a vital interest in maintaining highway safety by ensuring that only qualified drivers are permitted to operate motor vehicles, and that their vehicles operate safely, thus assuring that dangerous drivers as well as dangerous automobiles are kept off the road.
Commonwealth v. Blouse,
Reasonable suspicion sufficient to stop a motorist must be viewed from the standpoint of an objectively reasonable police officer. Ornelas v. United States,
While it is argued the lesser standard will allow a vehicle stop to be made based on pretextual motives, the United States Supreme Court made clear that case law “fore-closets] any argument that the constitutional reasonableness of traffic stops depends on the actual motivations of the individual officers involved.” Whren, at 813,
, Ultimately, the legislature constitutionally determined the reasonable suspicion standard adequately balances citizens’ privacy in a vehicle and law enforcement’s ability to briefly investigate an alleged violation of the Vehicle Code. It is not оur role to disturb this democratic function when the current version of § 6308(b) does not clearly, plainly, and palpably violate our Constitution. We therefore hold the current version of § 6308(b) is constitutional under the Fourth Amendment and Article I, § 8.
The order of the trial court finding § 6308(b) unconstitutional is reversed. Since the trial court only determined there was not probable cause for Officer Stephens to stop appellee,
Jurisdiction relinquished.
Notes
. While a permissible stоp could have been based on the officer's observation of the violation of these two sections, our review is limited to the unconstitutionality of the statute.
. See Terry v. Ohio,
. See U.S. Const, amend. IV ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.").
. The United States Supreme Court recently stated, "The Fourth . Amendment prohibits 'unreasonable searches and seizures' by the Government, and its protections extend to brief investigatory stops of persons or vehicles that fall short of traditional arrest.” United States v. Arvizu,
. Of course, if there is a legitimate stop for a traffic violation (based on probable cause), additional suspicion may arise before the initial stop’s
. See Pa. Const, art. I, § 8 (‘‘The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.”).
. Dickey stated:
As a general rule, “the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.” The Terry Court created a two-part test designed to measure the reasonableness of an investigative stop against the*100 intrusion on the detainee's right to be secure from unreasonable searches.
Id. (citations omitted).
Concurrence Opinion
concurring.
While I agree with the majority that the rationale justifying allowance of а Terry stop founded upon reasonable suspicion (as opposed to probable cause) implicitly assumes that further investigation is possible, I do not see any need in the present matter to make such investigative potential a specific element of the constitutional test, particularly as this case does not implicate the issue. See Majority Opinion at 92-95,
