Com. v. Collins, No. 1437 MDA 2006.

• Court: Superior Court of Pennsylvania
• Writing for the Court: Stevens
• Citation: 950 A.2d 1041
• Decision Date: 04 June 2008
• Docket Number: No. 1437 MDA 2006.
• Parties: COMMONWEALTH of Pennsylvania, Appellant v. Christopher M. COLLINS, Appellee.

950 A.2d 1041 COMMONWEALTH of Pennsylvania, Appellant
v.
Christopher M. COLLINS, Appellee. No. 1437 MDA 2006. Superior Court of Pennsylvania. Argued February 21, 2008. Filed June 4, 2008.

[950 A.2d 1043]

Karen E. Kuebler, Asst. Dist. Atty., Bellefonte, for the Com., appellant.

Parviz Ansari, Bellefonte, for appellee.

[950 A.2d 1044]

BEFORE: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE and ALLEN, JJ.

OPINION BY STEVENS, J.:

¶ 1 This is an appeal from the order entered by the Honorable Bradley P. Lunsford, Judge of the Court of Common Pleas of Centre County, Pennsylvania, granting Appellee's Omnibus Pre-trial Motion to Suppress Evidence. At issue is whether a police officer's safety check of passengers in a vehicle parked legally, after sundown, at a roadside location constitutes a mere encounter or an investigative detention. We find that given the totality of the circumstances, there was a mere encounter. We reverse and remand for further proceedings.

¶ 2 On February 22, 2006, Trooper Joshua Walton of the Pennsylvania State Police filed a criminal complaint charging Appellee with one count of Possession of Drug Paraphernalia.¹ On April 12, 2006, Appellee waived his right to a Preliminary Hearing on this charge, and on June 6, 2006, Appellee filed an Omnibus Pre-Trial Motion, Motion to Suppress. After a hearing, the motion was granted by the suppression court on July 11, 2006. The Commonwealth filed its Notice of Appeal on August 9, 2006.² On August 11, 2006, a Pa.R.A.P. 1925(b) statement was ordered by the lower court and later amended on August 21, 2006. A timely 1925(b) statement was filed on August 22, 2006, and the trial court filed its Pa.R.A.P. 1925(a) opinion on August 29, 2006.

¶ 3 This Court must review whether the suppression court erroneously determined Appellee's interaction with the Trooper was an investigative detention, unsupported by reasonable suspicion.

¶ 4 Trooper Walton, of the Pennsylvania State Police Rockview Station, testified on direct examination that he was on routine patrol on February 13, 2006, and at the time, he was with the State Police for approximately nine months. He was traveling southbound on State Route 150, at 7:00 p.m., and observed a vehicle parked at the Bald Eagle State Park overlook. Trooper Walton testified that he "always stops for vehicles parked along the roadway." N.T. 7/11/06 at 4. His reasoning was to "stop and see if they're all right." N.T. 7/11/06 at 4.

¶ 5 Trooper Walton explained that the vehicle was not moving when he first saw it, and the vehicle did not attempt to move as he approached. He further noted that he parked his car to the right of the vehicle, and his headlights were shining into the passenger compartment of the vehicle but he did not block the vehicle from leaving. Trooper Walton testified that he first spoke with the front seat passenger of the vehicle, Appellee, and the Trooper noticed a bong³ between the seats and the smell of marijuana.

¶ 6 Trooper Walton used his flashlight when he approached the passenger side of the vehicle because his body blocked the light from his patrol car's headlights. After the approach, Trooper Walton returned to his patrol car, turned on the in-car camera and called for backup.

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The bong was seized,⁴ and the Trooper received consent to search the vehicle. Upon questioning ownership of the bong, the driver of the vehicle pointed to Appellee, and Appellee stated it was his. Trooper Walton stated that because Appellee claimed possession of the bong, Appellee would be arrested for drug paraphernalia. Appellee was not taken into custody at that time, and Appellee and the other occupants of the vehicle remained at the location after the State Police departed. A summons was sent to Appellee through the magisterial district justice, and Appellee was identified as the person cited by Trooper Walton at the suppression hearing.

¶ 7 On cross-examination, Trooper Walton testified that the vehicle was parked overlooking the lake, that is, where people park when they chose to park at the overlook and that he has previously seen people parked there. Trooper Walton stated on the record that his reason for approaching this vehicle was because it was too close to the street, he thought it was broken down, and he does not usually see vehicles parked at the overlook after dark. N.T. 9. Trooper Walton testified there is nothing wrong with parking at that particular location after dark. Moreover, he stated the vehicle was not parked in any unusual manner, and no parking violations were present.

¶ 8 Trooper Walton testified that it did not appear to him that there was any outward sign of distress from the occupants of the vehicle and that he did not observe anything that led him to believe that there was something illegal going on at that particular time.

¶ 9 When asked if it is more common to approach the driver of the vehicle first, Trooper Walton replied that no, it was not, and that he routinely approaches the passenger side, especially during traffic stops. He stated that was his practice and that the passenger side in this case was the closest side to him. Trooper Walton testified that the car window was rolled up when he first approached the vehicle and then, simultaneously as he walked up to the vehicle, Appellee rolled down the window. The interior lights in the subject car were off. When asked about the dialogue between the Trooper and the occupants, Trooper Walton stated that he walked up to the vehicle, asked if everything was okay, and in response, Appellee blurted out that the occupants had been smoking marijuana. Not until his question was answered did he discover the occupants' activities and see the bong resting between the car seats. Trooper Walton also stated that he did not see any signs that the occupants were scrambling around trying to get away because a trooper was approaching them. Trooper Walton

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stated that he did not feel a search warrant was necessary. The court asked the Trooper if the car was able to back out, and the Trooper stated it was. Trooper Walton stated he was twenty feet from the vehicle when he pulled over. On cross examination, Trooper Walton was asked hypothetically if the driver had pulled out before the Trooper reached the vehicle, would the Trooper have followed him; Trooper Walton explained that he would not have been able to stop them unless they committed some type of violation. After the engagement, the troopers told the occupants to wait a few minutes and then they could drive back to Lock Haven University.

In reviewing a Commonwealth appeal from a suppression order: we follow a clearly defined standard of review and consider only the evidence from the defendant's witnesses together with the evidence of the prosecution that, when read in the context of the entire record, remains uncontradicted.... The suppression court's findings of fact bind an appellate court if the record supports those findings.

Commonwealth v. DeHart, 745 A.2d 633, 636 (Pa.Super.2000) (citing Commonwealth v. Nester, 551 Pa. 157, 709 A.2d 879, 880-81 (1998)). "[T]his Court may reverse only when the legal conclusions drawn from those facts are erroneous." Commonwealth v. Valentin, 748 A.2d 711, 713 (Pa.Super.2000).

¶ 10 There are three categories of police interactions which classify the level of intensity in which a police officer interacts with a citizen, and such are measured on a case by case basis.

Traditionally, this Court has recognized three categories of encounters between citizens and the police. These categories include (1) a mere encounter, (2) an investigative detention, and (3) custodial detentions. The first of these, a "mere encounter" (or request for information), which need not be supported by any level of suspicion, but carries no official compulsion to stop or to respond. The second, an "investigative detention" must be supported by reasonable suspicion; it subjects a suspect to a stop and a period of detention, but does not involve such coercive conditions as to constitute the functional equivalent of an arrest. Finally, an arrest or "custodial detention" must be supported by probable cause.

Commonwealth v. Mendenhall, 552 Pa. 484, 488, 715 A.2d 1117, 1119 (1998) (citing Commonwealth v. Polo, 563 Pa. 218, 759 A.2d...