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Commonwealth v. Anderson12/8/2005
1 The Commonwealth appeals the order entered in the Court of Common Pleas of Berks County suppressing the evidence seized from the stop of a vehicle driven by Appellee Daniel Anderson. On appeal, the Commonwealth's sole contention is that Police Officer Michael Quinn had probable cause to stop Appellee's vehicle, and, therefore, the suppression court erred in granting Appellee's pre-trial motion to suppress. We reverse and remand for further proceedings.
The standard employed by this Court when considering a Commonwealth appeal from an order granting suppression follows.
In reviewing the ruling of a suppression court, our task is to determine whether the factual findings are supported by the record. If so, we are bound by those findings. Where, as here, it is the Commonwealth who is appealing the decision of the suppression court, we must consider only the evidence of the defendant's witnesses and so much of the evidence for the prosecution as read in the context of the record as a whole remains uncontradicted.
Commonwealth v. Klopp, 863 A.2d 1211, 1213 (Pa.Super. 2004) (quotation and citations omitted).
2 The relevant facts and procedural history are as follows: Appellee was arrested for driving while under the influence of alcohol (DUI), driving on roadways laned for traffic, and careless driving, and he filed a pre-trial motion seeking to suppress the evidence seized by the police, as well as a motion for writ of habeas corpus. On August 26, 2004, a pre-trial hearing was held, during which Police Officer Michael Quinn testified that he was on duty on May 17, 2003 at 2:30 a.m. when he observed Appellee's vehicle traveling at approximately ten miles an hour on a two-lane street with a thirty-five mile an hour speed limit. N.T. 8/26/04 at 4-5. Officer Quinn testified that he initially saw Appellee's vehicle straddling the double yellow lines, and as a result, he began following the vehicle. N.T. 8/26/04 at 6.
3 As Officer Quinn followed Appellee's vehicle, he observed the vehicle cross over the double yellow lines with both driver's side tires two or three times and then watched as the vehicle straddled the double yellow lines with half of the vehicle driving in the other lane for approximately two blocks. N.T. 8/26/04 at 7, 17. Officer Quinn specifically testified that Appellee's vehicle was "dead center" on the two-lane street for approximately two blocks. N.T. 8/26/04 at 7. While Appellee was driving "dead center" of both lanes of travel, Officer Quinn observed at least one other vehicle on the street. N.T. 8/26/04 at 7-8. Officer Quinn testified that oncoming traffic would have needed to swerve to get out of Appellee's path. N.T. 8/26/04 at 9. Officer Quinn observed Appellee's vehicle "come to a dead stop in the middle of the road" at the intersection of Main Street and Beach Street; there was no stop sign or traffic signal at this intersection. N.T. 8/26/04 at 9, 18-19.
4 Officer Quinn watched as Appellee sat a few seconds, turned on his turn signal, made a right turn onto Beach Street, and traveled one block to the intersection of Beach and Locust Streets, at which time Appellee stopped his vehicle at the stop sign for approximately thirty seconds to one minute. N.T. 8/26/04 at 9, 19. Officer Quinn saw Appellee drive to the next intersection, which was at Locust and Linden Streets, and stop his vehicle, even though there was no stop sign or traffic signal. N.T. 8/26/04 at 9, 21. Appellee turned left onto Linden Street and traveled one block to Oak Street, where Appellee sat for approximately thirty seconds to one minute. N.T. 8/26/04/ at 9-10. Officer Quinn specifically testified that at each intersection, with or wi
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