COMMONWEALTH OF PENNSYLVANIA v. HARRY A. ANTHONY, SR.

COMMONWEALTH OF PENNSYLVANIA v. HARRY A. ANTHONY, SR. No. 1544 WDA 2008 2010 PA Super 127 Atlantic: n/a Filed: 7/19/2010
	Appeal from the Judgment of Sentence entered September 2, 2008 In the Court of Common Pleas of Armstrong County Criminal Division at No. CP-03-CR-0000221-2007
Before: MUSMANNO, BENDER and BOWES, JJ.
Opinion by: BENDER, J.
Harry A. Anthony, Sr., appeals the judgment of sentence entered following his conviction of Driving Under Influence of Alcohol or Controlled Substance and Violation of Vehicle Equipment Standards, 75 Pa.C.S. §§ 3802(d)(1)(i), (iii), (d)(2), 4107(b)(2) (respectively). Anthony contends that the trial court erred in denying his motion to suppress evidence of his use of a controlled substance on the basis that the arresting officer lacked reasonable suspicion to conduct a stop. Anthony also contends that the evidence was not sufficient to sustain his conviction under section 3802(d)(2) which prohibits driving while under the influence of a controlled substance to a degree that impairs an individual’s ability to drive safely. For the reasons that follow, we conclude that the initial stop was unlawful, requiring exclusion of all evidence seized pursuant thereto. Accordingly, we reverse the judgment of sentence.

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