J-A34032-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
v. :
:
STEPHANIE J. SALTER :
:
Appellee : No. 653 MDA 2014
Appeal from the Order Entered March 17, 2014,
In the Court of Common Pleas of York County,
Criminal Division, at No. CP-67-CR-0008129-2013.
BEFORE: FORD ELLIOTT, P.J.E., SHOGAN, J., and STABILE, J.
CONCURRING STATEMENT BY SHOGAN, J.:
I respectfully disagree that the police officer had probable cause to
conduct the traffic stop due to his distance of seventy-five feet from
Appellee’s vehicle at the time he became suspicious that her license plate
lamps were not functioning. The traffic regulation in question requires only
that the lights “make the registration plate visible from distance of 50 feet to
the rear of the vehicle.” 67 Pa. Code § 175.66(k). However, because I
conclude that the officer had reasonable suspicion to believe that the license
plate lamps were not functioning properly, the traffic stop was proper, and
because I conclude that the officer had probable cause to arrest Appellee for
DUI, I concur in the result reached by the Majority.