Pennsylvania Case Law Update: reasonable suspicion

Showing posts with label reasonable suspicion. Show all posts

Wednesday, December 22, 2010

COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO No. 2028 MDA 2009 2010 PA Super 239 Atlantic: n/a Filed: 12/22/2010
	Appeal from the Judgment of Sentence November 23, 2009 In the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-CR-0003145-2008
Before: FORD ELLIOTT, P.J., MUSMANNO, BENDER, BOWES, DONOHUE, SHOGAN, ALLEN, OLSON and OTT, JJ.
Opinion by: BENDER, J.
David Feczko (Appellant) appeals from the judgment of sentence entered following his convictions for DUI-General Impairment, DUI-Highest Rate, and Driving on Roadways Laned for Traffic. See 75 Pa.C.S. §§ 3802(a)(1), (c), 3309(1). Appellant contends that the suppression court erred in denying Appellant’s motion to suppress, which challenged the basis of the traffic stop. We conclude that the stop was legal because the officer had probable cause to believe that Appellant had committed a vehicle code violation. Accordingly, we affirm.

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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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COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. PERRY, JR. No. 2061 MDA 2008 2009 PA Super 196 Atlantic: n/a Filed: 10/6/2009
	Appeal from the Judgment of Sentence entered August 27, 2008 In the Court of Common Pleas of Lebanon County Criminal No.: CP-38-CR-0000150-2008
Before: ORIE MELVIN, COLVILLE, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Thomas A. Perry, Jr., appeals from the judgment of sentence entered in the Lebanon County Court of Common Pleas, following his convictions for driving under the influence and driving vehicle at safe speed. We hold that this Court’s decision in Commonwealth v. Minnich, 874 A.2d 1234 (Pa. Super. 2005), finding that potential danger of causing an accident is sufficient to establish probable cause to initiate a traffic stop, applies in full to the current reasonable-suspicion standard. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v.GARY WILLIAMS No. 1751 EDA 2008 2009 PA Super 176 Atlantic: 980 A.2d 667 Filed: 9/4/2009
	Appeal from the Judgment of Sentence May 29, 2008 in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0009046-2007
Before: KLEIN, BENDER and CLELAND, JJ.
Opinion by: BENDER, J.
Gary Williams (Appellant) appeals the judgment of sentence imposed following his convictions for three violations of the Uniform Firearms Act, specifically, Persons Not to Possess Firearms, Firearms Not to be Carried Without a License, and Carrying Firearms on Public Streets in Philadelphia. See 18 Pa.C.S. §§ 6105, 6106, and 6108. Appellant challenges the trial court’s refusal to suppress certain evidence seized following his arrest, contending that the police stopped him without reasonable suspicion. Appellant also asserts that it was erroneous for the trial court to impose two consecutive terms of incarceration for offenses that should have merged for the purposes of sentencing. We find no merit in Appellant’s claims, and therefore affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. GREGORY PHILIP KENDALL No. 1031 MDA 2008 2009 PA Super 100 Atlantic: n/a Filed: 5/29/2009
	Appeal from the Judgment of Sentence of May 22, 2008 In the Court of Common Pleas of Franklin County, Criminal, No, CP-28-CR-0002103-2007
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KLEIN, J.
Dissenting Opinion by: KELLY, J.
¶ 1 Gregory Kendall appeals from the judgment of sentence imposed by the Franklin County Court of Common Pleas after he was convicted of driving under the influence of alcohol (“DUI”), 75 Pa.C.S.A. § 3802(b). Kendall argues that the trial court erred in failing to suppress all evidence supporting the DUI conviction because the arresting police officer lacked reasonable suspicion. Because we find that the level of interaction between Kendall and the police officers began as a mere encounter, where reasonable suspicion is not required, we affirm.

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