703 A.2d 36 | Pa. Super. Ct. | 1997
Joseph Scavello appeals from the judgment of sentence of the Court of Common Pleas of Montgomery County. We reverse.
At approximately 1:40 a.m. on Sunday November 21,1993, Scavello was driving a black Pontiac coupe westbound on Route 73 in Worcester Township, Montgomery County. Shortly after crossing Route 363, Scavello saw a police roadblock placed pursuant to 75 Pa.C.S.A. § 6308.
Scavello was subsequently charged with driving under the influence of alcohol as well as careless driving and underage consumption of alcohol.
Whether the court erred in finding that reasonable suspicion existed to effectuate a car stop solely as a result of the driver of the automobile executing a legal u-turn after viewing a police roadblock?
When we review an order denying a motion to suppress evidence, we must determine whether the factual findings of the trial court are supported by the evidence of record. Commonwealth v. Jackson, 451
Scavello argues that Trooper Miller lacked reasonable suspicion to effect a traffic stop, and, thus, any and all evidence gathered as a result of the stop should be suppressed. Specifically, Scavello contends that mere performance of a legal U-turn to avoid a police roadblock does not in and of itself provide grounds to effectuate a traffic stop. In support of his contention, Scavello relies principally upon a panel decision of this court in Commonwealth v. Metz, 412 Pa.Super. 100, 602 A.2d 1328 (1992), aff'd. on other grounds 534 Pa. 341, 633 A.2d 125 (1993).
In Metz, a plurality of this court held that where a motorist attempts to avoid a police roadblock, there must be specific and articu-lable facts present that the motorist was in violation of the Vehicle Code to effectuate a legal traffic stop. Metz, 412 Pa.Super. at 113-14, 602 A.2d at 1335. Underlying the plurality’s decision was the concern that if legal actions by a motorist, the effect of which resulted in avoidance of a roadblock, gave rise to reasonable suspicion, then any legal maneuver in view of a police checkpoint, such as making a U-turn or turning onto a side street, could subject the motorist to an investigative detention. Id. at 107-13, 602 A.2d at 1332-34. Such an outcome, the plurality feared, undermined the protections guaranteed to all citizens under the Fourth Amendment of the United States Constitution and Article I, § 8 of the Pennsylvania Constitution.
Although we are not bound by the Metz decision, we find its reasoning persuasive and, therefore, rely upon it as controlling. Consequently, we hold that:
a motorist’s avoidance or attempt to avoid a police roadblock must be coupled with other articulable facts in order to give a police officer reasonable suspicion that the motorist is in violation of the Vehicle Code or that criminal activity is afoot.
Metz, 412 Pa.Super. at 114, 602 A.2d at 1335. We are cognizant of the Commonwealth’s assertion that permitting motorists to choose whether they desire to cooperate with a roadblock will generally reduce its effectiveness.
Turning our attention to the ease at hand, the record clearly reveals that Trooper Miller possessed no articulable facts that Scavello was engaged in any type of illegal activity. Trooper Miller did not state that Scavello stopped abruptly to make a U-tum, nor did he state that Scavello proceeded away from the roadblock at a high rate of
Judgment of sentence reversed. Case remanded for a new trial. Jurisdiction relinquished.
. The roadblock was set up as a part of a Pennsylvania State Police program to combat motorists who drive while intoxicated.
. At the preliminary hearing the careless driving charged was dismissed.
. The Pennsylvania Supreme Court affirmed defendant’s judgment of sentence, but passed no judgment upon the reasoning of the superior court’s plurality decision, finding all of appellant’s issues waived. See Commonwealth v. Metz, 534 Pa. 341, 633 A.2d 125 (1993).
. We expressly disapprove of those jurisdictions which hold that legal avoidance of a roadblock presents reasonable suspicion to conduct an in-vestigatoiy stop. Such an intrusion is clearly violative of our Constitutional protections against unreasonable searches and seizures. While the officer may have a "hunch” that the motorist is avoiding a roadblock, because the motorist has committed criminal activity, it is just as likely that the motorist forgot an item and is returning home to retrieve it, or is turning off onto a side street to visit a friend or relative.
. In fact, the probable cause affidavit, which presented the sole evidence of the reason for the investigatory stop, clearly expresses that Trooper Miller’s duly was to stop vehicles that attempted to avoid the roadblock.