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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
CHRISTINE LEE HADLOCK :
:
Appellant : No. 325 MDA 2023
Appeal from the Judgment of Sentence Entered January 30, 2023
In the Court of Common Pleas of Bradford County
Criminal Division at No(s): CP-08-CR-0000172-2022
BEFORE: BENDER, P.J.E., BOWES, J., and SULLIVAN, J.
MEMORANDUM BY SULLIVAN, J.: FILED: NOVEMBER 27, 2023
Christine Lee Hadlock (“Hadlock”) appeals from the judgment of
sentence entered following her non-jury convictions for three counts of driving
under the influence of a controlled substance (“DUI”), and one count each of
possession of marijuana, possession of drug paraphernalia, and driving while
operating privilege is suspended or revoked.1 After careful review, we affirm.
The trial court delineated the underlying facts and procedural history:
Officer Casey Shiposh of the Sayre Borough Police
Department was in full uniform [on] patrol . . . in Sayre Borough,
Bradford County. Officer Shiposh observed a black Mazda, driven
by what he believed to be a female based on the driver’s
appearance, bearing New York registration JCW5575. Officer
Shiposh ran the license plate as he often does while on patrol,
which revealed that the car was registered to [Hadlock]. Officer
Shiposh assumed that the owner of the vehicle was the operator
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1 75 Pa.C.S.A. §§ 3802(d)(1)(i), (ii), (iii); 35 P.S. § 780-113(a)(31), (32); 75
Pa.C.S.A. § 1543(b).
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of the vehicle. Officer Shiposh next checked the license status of
[Hadlock] and learned that [Hadlock’s] license was suspended due
to a previous DUI conviction. Officer Shiposh checked to see if
there were any outstanding arrest warrants and confirmed that
there was an outstanding warrant out of the Bradford County
Sheriff’s Office for a previous DUI charge. Officer Shiposh next
initiated a traffic stop of the vehicle and smelled an odor of
marijuana upon contact with [Hadlock]. [Hadlock], upon
questioning by Officer Shiposh, produced a container full of
marijuana. [Hadlock] was placed into custody and the vehicle was
impounded. [Hadlock] waived her Miranda[2] rights[,] and during
further questioning from Officer Shiposh[, Hadlock] exhibited
signs that she was under the influence of marijuana and failed
sobriety testing. Later, a blood draw . . . reveal[ed] that [Hadlock]
had [a]mphetamine, [m]ethamphetamine, and [d]elta-9 THC in
her system.
Trial Court Opinion, 10/27/22, at 1-2 (footnote added).
The trial court held a nonjury trial based upon stipulated facts and found
Hadlock guilty of the offenses enumerated above. See Trial Court Opinion,
3/23/23, at 1 (unnumbered). Among other facts, Hadlock stipulated, “[t]he
attached driving record is admitted and indicates [Hadlock] was under
suspension DUI related at the time of the stop[.]” Stipulation, 11/14/22, at
1 (unnumbered). The trial court sentenced Hadlock to ninety days to twenty-
four months of incarceration, followed by forty-eight months of probation.
Hadlock filed a timely appeal.3
Hadlock raises a single issue on appeal:
[Whether] the [trial c]ourt erred in not suppressing all the
evidence found because [Officer Shiposh] lacked articulable facts
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2 See Miranda v. Arizona, 384 U.S. 436 (1966).
3 Hadlock and the trial court complied with Pa.R.A.P. 1925.
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to stop [Hadlock,] and 75 Pa.C.S.A. [§] 6308(b) does not give an
[o]fficer unbridle[d] authority to stop a motor vehicle?
Hadlock’s Brief at VI.
Hadlock challenges the denial of her motion to suppress. See Hadlock’s
Brief at 5-7. When reviewing an order denying a motion to suppress evidence,
[o]ur standard of review . . . is limited to determining whether the
findings of fact are supported by the record and whether the legal
conclusions drawn from those facts are in error. In making this
determination, this [C]ourt may only consider the evidence of the
Commonwealth’s witnesses, and so much of the witnesses for the
defendant, as fairly read in the context of the record as a whole,
which remains uncontradicted. If the evidence supports the
findings of the trial court, we are bound by such findings and may
reverse only if the legal conclusions drawn therefrom are
erroneous.
Commonwealth v . Gindraw, 297 A.3d 848, 851 (Pa. Super. 2023) (citation
omitted).
Section 6308(b) of the Motor Vehicle Code (“MVC”)4 provides the
requisite quantum of suspicion for a traffic stop:
(b) Authority of police officer.—Whenever a police officer is
engaged in a systematic program of checking vehicles or drivers
or has reasonable suspicion that a violation of this title is
occurring or has occurred, he may stop a vehicle, upon request
or signal, for the purpose of checking the vehicle’s registration,
proof of financial responsibility, vehicle identification number or
engine number or the driver’s license, or to secure such other
information as the officer may reasonably believe to be necessary
to enforce the provisions of this title.
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4 See 75 Pa.C.S.A. §§ 101 et seq.
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75 Pa.C.S.A. § 6308(b) (emphasis added). This Court has further explained,
consistent with section 6308(b),
[w]hen considering whether reasonable suspicion or probable
cause is required constitutionally to make a vehicle stop, the
nature of the violation has to be considered. If it is not necessary
to stop the vehicle to establish that a violation of the [MVC] has
occurred, an officer must possess probable cause to stop the
vehicle. Where a violation is suspected, but a stop is necessary
to further investigate whether a violation has occurred, an officer
need only possess reasonable suspicion to make the stop.
Illustrative of these two standards are stops for speeding and DUI.
If a vehicle is stopped for speeding, the officer must possess
probable cause to stop the vehicle. This is so because when a
vehicle is stopped, nothing more can be determined as to the
speed of the vehicle when it was observed while traveling upon a
highway. On the other hand, if an officer possesses sufficient
knowledge based upon behavior suggestive of DUI, the officer
may stop the vehicle upon reasonable suspicion of a [MVC]
violation, since a stop would provide the officer the needed
opportunity to investigate further if the driver was operating under
the influence of alcohol or a controlled substance.
Commonwealth v. Haines, 166 A.3d 449, 455 (Pa. Super. 2017) (quotation
omitted).
The MVC prohibits driving with a suspended license. See 75 Pa.C.S.A.
§ 1543(a). An officer needs only reasonable suspicion to effect a traffic stop
based on section 1543. See, e.g., Commonwealth v. Farnan, 55 A.3d 113,
117-18 (Pa. Super. 2012) (holding a traffic stop was legal based on the
officer’s reasonable suspicion the operator was driving a vehicle with a
suspended license); accord Commonwealth v. Hilliar, 943 A.2d 984, 992
(Pa. Super. 2008) (stating “the officer . . . formed a reasonable suspicion to
conclude [Hilliar] was driving under suspension while [he] and the officer were
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still in the officer’s primary jurisdiction. Thus, it would have been entirely
legal for the officer to execute a traffic stop at that time and at that location.”).
On appeal, Hadlock argues the police needed more than reasonable
suspicion to effect a motor vehicle stop. See Hadlock’s Brief at 5. Hadlock
claims the police “must point to specific and [a]rticulable facts which in
conjunction with rational references derived therefrom warrant the initial
stop.” Id. (citation omitted). Hadlock states to deny suppression the court
“must examine the totality of the circumstances to determine whether a
particularized and objective basis for suspecting an individual stopped of
criminal activity exists.” Id. (citation omitted). Hadlock maintains she did
not “commit a motor vehicle violation as required under [75 Pa.C.S.A. §
6308(b)].” Id. at 3. To support this claim, Hadlock avers it “was not true”
she was driving with a suspended license. Id. at 5.
In denying Hadlock’s motion to suppress, the trial court noted Hadlock
relied on “the prior text” of 75 Pa.C.S.A. § 6308(b) and, therefore, articulated
the incorrect standard of review for a motor vehicle stop. Trial Court Opinion,
10/27/22, at 2-3. The trial court found Officer Shiposh only needed
“reasonable suspicion to initiate a stop for a violation of the [MVC].” Id.
(citation omitted). The trial court held this Court’s en banc decision in
Commonwealth v. Jefferson, 256 A.3d 1242, 1248-51 (Pa. Super. 2021)
(en banc), which applied the United States Supreme Court’s decision in
Kansas v. Glover, 140 S.Ct. 1183, 1186 (2020) (holding police had requisite
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reasonable suspicion to stop a vehicle when the check of the license plate
showed the driver’s license of the owner was revoked and stating, “when the
officer lacks information negating an inference that the owner is the driver of
the vehicle, the stop is reasonable.”), was dispositive. See id. at 3-4.
In Jefferson, police officers on routine patrol were running license
plates and ascertained the owner of a vehicle which passed them had an
outstanding warrant. See Jefferson, 256 A.3d at 1245. The police did not
have a picture of Jefferson and did not know if he was the individual driving
the car. See id. In rejecting the appellant’s argument that Glover was not
controlling, this Court stated:
In Glover, the Court considered whether it was “reasonable to
infer that an individual with a revoked license may continue
driving.” Glover, 140 S.Ct. at 1188. The Court suggested that
the Kansas law explicitly made the inference reasonable, but also
that “common sense suffices to justify this inference.” Id. Thus,
the Court determined that the additional fact known to the police
in Glover—that Glover’s license was revoked—did not make it less
likely that he was driving the vehicle registered under his name,
at least not to the extent sufficient to undermine the inference
that the owner is the driver of a vehicle.
. . . Glover clearly dictates that the inference that the
owner is the driver of a vehicle by itself provides reasonable
suspicion to permit a Terry[5] stop under the Fourth Amendment,
assuming, of course, that the police have reason to believe that
the registered owner is involved in criminal conduct. See id. at
1186. Consequently, we disagree with Appellant’s attempt to
distinguish Glover.
Id. at 1250 (footnote added).
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5 See Terry v. Ohio, 392 U.S. 1 (1968).
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Applying Glover and Jefferson, the trial court stated:
Jefferson . . . is controlling here. [Hadlock] is not entitled to
relief. There was no information presented to Officer Shiposh that
would negate the inference that the car was being driven by its
registered owner, [Hadlock]. This gave Officer Shiposh an
articulable reasonable suspicion that there was criminal activity
afoot and that [Hadlock] was involved. Namely, that [Hadlock]
was driving with a suspended license and had an outstanding
bench warrant for her arrest.
Trial Court Opinion, 10/27/22, at 4.
Following our review, we discern no error in the trial court’s reasoning.
Here, like in Glover, Officer Shiposh had information the registered owner of
the vehicle had a suspended license. See N.T., 10/12/22, at 5. As in
Jefferson, Officer Shiposh also had information there was an outstanding
warrant for Hadlock’s arrest. See id. Thus, there was sufficient reasonable
suspicion to justify the stop of Hadlock’s vehicle and the trial court did not err
in denying Hadlock’s motion to suppress.
Moreover, we have thoroughly reviewed the record in this matter. At
no point in Hadlock’s motion to suppress, or at the suppression hearing, did
Hadlock ever challenge Officer Shiposh’s testimony regarding her license
being suspended. See Motion to Suppress all Evidence, 9/8/22, at 1-2
(unnumbered); Brief in Support of Motion to Suppress, 9/8/22, at 1-2
(unnumbered); N.T., 10/12/22, at 1-17. Moreover, as cited above, at
Hadlock’s trial on stipulated facts, she agreed her driving record showed she
“was under suspension DUI related at the time of the stop[.]” Stipulation,
11/14/22, at 1 (unnumbered). Lastly, the trial court convicted Hadlock of
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driving while operating privilege is suspended or revoked and Hadlock has not
challenged that conviction on appeal. See Trial Court Opinion, 3/23/23, at 1
(unnumbered); Hadlock’s Brief at VI, 3-7. Thus, the record clearly supports
Officer Shiposh’s contention Hadlock was driving with a suspended license.
Driving with a suspended license is a violation of the MVC. See 75 Pa.C.S.A.
§ 1543(a). Officer Shiposh needed only reasonable suspicion to effect the
traffic stop. See, Farnan, 55 A.3d at 117-18. Hadlock’s argument to the
contrary does not merit relief.
Hadlock further contends the trial court erred in denying her suppression
motion because Officer Shiposh’s reason for the stop was pretextual, claiming
that the officer had no “systematic reason or [] reasonable suspicion” to run
her plate. See Hadlock’s Brief at 3-4, 7. However, Hadlock has waived this
argument. It is well-settled “the failure to raise a suppression issue prior to
trial precludes its litigation for the first time at trial, in post-trial motions or on
appeal.” Commonwealth v. Douglass, 701 A.2d 1376, 1378 (Pa. Super.
1997). Moreover, we have held, “appellate review of [a ruling on] suppression
is limited to examination of the precise basis under which suppression initially
was sought; no new theories of relief may be considered on appeal.”
Commonwealth v. Little, 903 A.2d 1269, 1272–73 (Pa. Super. 2006); see
also Commonwealth v. Thur, 906 A.2d 552, 566 (Pa. Super. 2006) (stating
the same). Hadlock did not argue in either her motion to suppress or at the
suppression hearing the reason for the stop was pretextual or, as she argues
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on appeal, that the Sayre Police Department had some kind of illicit policy or
practice of stopping New York drivers. See Motion to Suppress all Evidence,
9/8/22, at 1-2 (unnumbered); Brief in Support of Motion to Suppress, 9/8/22,
at 1-2 (unnumbered); N.T., 10/12/22, at 1-17, Hadlock’s Brief at 6-7. Rather,
Hadlock raised this issue for the first time in her Rule 1925(b) statement. See
Concise Statement of [Errors] Complained of on Appeal, 3/21/23, at 1-2
(unnumbered). Issues raised for the first time in a Rule 1925(b) statement
are waived. See Commonwealth v. Coleman, 19 A.3d 1111, 1118 (Pa.
Super. 2011); see also Pa.R.A.P. 302(a). Because Hadlock did not raise a
claim the reason for the stop was pretextual in her motion to suppress and
raised it for the first time in her Rule 1925(b) statement, she waived the
argument. See Coleman, 19 A.3d at 1118; see also Little, 903 A.2d at
1272-73.6
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6 Even if not waived, this claim does not merit relief. Hadlock does not cite to
anything in the record, or anything not of record, to support her speculative
claim regarding the motivation of the Sayre Police. See Hadlock’s Brief at 3-
7. In any event, the legality of a stop, search or seizure is measured by an
objective test and does not depend on the officer’s subjective
motivations or state of mind. See Whren v. United States, 517 U.S.
806, 813 (1996) (finding a police officer’s subjective intent is irrelevant so
long as there is objective justification for the police officer’s actions); see also
Commonwealth v. Chase, 960 A.2d 108, 129 (Pa. 2008) (interpreting
Whren and stating “if police can articulate a reasonable suspicion of a [MVC]
violation, a constitutional inquiry into the officer’s motive for stopping the
vehicle is unnecessary.”); accord Commonwealth v. Coughlin, 199 A.3d
401, 410-11 (Pa. Super. 2018) (en banc). Here, as detailed above, we agree
with the trial court the police had reasonable suspicion to justify the stop of
Hadlock’s vehicle, so any inquiry into Officer Shiposh’s subjective motivation
(Footnote Continued Next Page)
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Lastly, we reject Hadlock’s invitation to ignore binding precedent and
find a police officer must have some level of suspicion before running a check
on a license plate. See Hadlock’s Brief at 7. Hadlock does not cite to any
legal authority to support her argument. Moreover, in Commonwealth v.
Bolton, 831 A.2d 734 (Pa. Super. 2003), this Court addressed the identical
issue and rejected it. Id. at 737. As none of Hadlock’s arguments merit relief,
we affirm her judgment of sentence.
Judgment of sentence affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 11/27/2023
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or that of the Sayre police force would have been improper. See Coughlin,
199 A.3d at 410-11.
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