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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JOSEPH SIRIANNI
Appellant No. 3382 EDA 2016
Appeal from the Judgment of Sentence October 20, 2016
In the Court of Common Pleas of Montgomery County
Criminal Division at No: CP-46-CR-0000914-2016
BEFORE: BOWES, STABILE, and PLATT, * JJ.
MEMORANDUM BY STABILE, J.: FILED NOVEMBER 30, 2017
Appellant, Joseph Sirianni, appeals from the October 20, 2016 judgment
of sentence entered in the Court of Common Pleas of Montgomery County
(“trial court”) sentencing him to one year of probation for possession of drug
paraphernalia and one year of concurrent probation for possession of a
controlled substance.1 Appellant challenges the denial of his motion to
suppress. Upon review, we affirm.
The trial court made the following factual findings.
On the morning of November 20, 2015 at approximately
2:20 AM Officer Michael Choiniere of the Norristown Police
Department was on duty in a marked patrol car. He was patrolling
in an area of Norristown, Montgomery County, Pa. which he knew
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* Retired Senior Judge assigned to the Superior Court.
1 35 Pa.C.S.A. §§ 780-113(A)(32) and (16) respectively.
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very well. The patrol car was equipped with an operable dash-cam
video, which recorded the entire incident.
While the officer was driving down Lafayette Street, he
turned his head to the right and observed the vehicle of
[Appellant], as it sat parked, with its lights on, in the middle of
the block of Jamison Alley. At approximately 2:22 AM, the officer
drove his vehicle south on Hawes Street and west on Washington
Street and approached Jamison Alley from the rear of where
[Appellant’s] vehicle was situated. The officer turned off the
headlights of the patrol car and entered Jamison Alley and pulled
his patrol car up behind [Appellant’s] vehicle. The officer turned
the headlights off so as to not spook the vehicle, in case there
were people around it, and for purposes of his own safety.[FN2]
Jamison Alley allows for driving in both directions. There are wide
spots in the alley where a car could get through if necessary. At
this time, the vehicle of [Appellant] was still impeding the
alleyway. After the officer approached, the vehicle of [Appellant]
pulled over to the left side of Jamison Alley so that it was no longer
obscuring the roadway.
[FN2: The officer further testified that the area was a “high
crime area.”]
The officer then did a license plate check on [Appellant’s]
vehicle. He was able to determine that [Appellant’s] car was
registered in Lansdale, Pennsylvania. Police Officer Choiniere
articulated his reasons for conducting the stop of [Appellant’s]
vehicle included that: it was an out of state, or out of town tag;
that the vehicle was situated in a high crime, high drug area at
2:22 AM in the morning; sitting parked in the middle of the alley;
occupied with its light on. Based on the aforementioned factors,
the officer activated his overhead lights and got out of his car and
approached the vehicle of [Appellant].
When Officer Choiniere made contact with [Appellant], he
produced a valid Pennsylvania identification card. The officer ran
a check on [Appellant] and learned of an outstanding fines and
costs warrant. [Appellant] was taken into custody and was
searched incident to that arrest. [Appellant] did not raise any
issue with regard to the validity of his arrest on the fines and costs
warrant. [Appellant] does not raise any issue with regard to the
seizure of evidence from his pocket being a search incident to a
lawful arrest. The officer recovered a clear plastic bag in
[Appellant’s] right front pants pocket which contained a white
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crystal like substance. The substance was field tested on the
scene by the officer and it was determined to be
methamphetamine.
Trial Court Opinion, 12/28/16, at 4-6 (footnotes omitted).
Following these events, Appellant was charged with possession of a
controlled substance and possession of drug paraphernalia. On May 4, 2016,
Appellant filed an omnibus pre-trial motion, which included a motion to
suppress based on an illegal stop. Appellant filed a supplemental motion to
suppress on October 5, 2016, seeking to suppress the physical evidence seized
after the stop as fruit of the poisonous tree. The trial court held a hearing on
Appellant’s motion to suppress on October 20, 2016. At the conclusion of the
hearing, the trial court denied Appellant’s motion. Appellant agreed to waive
his right to a jury trial and a bench trial proceeded immediately thereafter. At
the conclusion of the bench trial, the trial court found Appellant guilty and
sentenced Appellant to one year of probation. Appellant filed a timely notice
of appeal on October 31, 2016. On November 1, 2016, the trial court directed
Appellant to file a concise statement of errors complained of on appeal.
Following an extension, Appellant filed his concise statement on December 5,
2016. The trial court issued a Pa.R.A.P. 1925(a) opinion on December 28,
2016.
Appellant raises one question for our review.
I. Whether the trial court committed an error of law and/or
abused its discretion in denying Appellant’s motion to
suppress the stop of Appellant Sirianni and the subsequent
poisoned fruit thereof where police did not possess
reasonable suspicion to conduct the stop.
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Appellant’s Brief at 7.
Our standard of review for the denial of a suppression motion is well
established.
[The] standard of review in addressing a challenge to a trial court’s
denial of a suppression motion is whether the factual findings are
supported by the record and whether the legal conclusions drawn
from those facts are correct. When reviewing such a ruling by the
suppression court, we must consider only the evidence of the
prosecution and so much of the evidence of the defense as
remains uncontradicted when read in the context of the record….
Where the record supports the findings of the suppression court,
we are bound by those facts and may reverse only if legal
conclusions drawn therefrom are in error.
Commonwealth v. Bush, 166 A.3d 1278, 1282 (Pa. Super. 2017) (quoting
Commonwealth v. Eichinger, 915 A.2d 1122, 1134 (Pa. 2007)). Moreover,
when reviewing a traffic stop, we must determine whether an officer had
reasonable suspicion. “Traffic stops based on reasonable suspicion: either of
criminal activity or a violation of the Motor Vehicle Code under the authority
of [75 Pa.C.S.A. § 6308(b)][2] must serve a stated investigatory purpose. Id.
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2 Section 6308(b) provides:
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 other such information as the officer may reasonably
believe to be necessary to enforce the provisions of this title.
75 Pa.C.S.A. § 6308(b).
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(quoting Commonwealth v. Feczko, 10 A.3d 1285, 1291 (Pa. Super. 2010)
(en banc) (citation omitted)).
In order to determine whether the police had a reasonable
suspicion to subject an individual to an investigative detention,
the totality of the factual circumstances which existed at the time
of the investigative detention must be considered. “Among the
factors to be considered in establishing a basis for reasonable
suspicion are tips, the reliability of the informants, time, location,
and suspicious activity, including flight.”
Commonwealth v. Morrison, 166 A.3d 357, 364-65 (Pa. Super. 2017)
(citing Commonwealth v. Ayala, 791 A.2d 1202, 1208 (Pa. Super. 2002)).
However, for certain motor vehicle code violations, the officer must have
probable cause for a stop. See Commonwealth v. Salter, 121 A.3d 987,
993 (Pa. Super. 2015).
If it is not necessary to stop the vehicle to establish that a violation
of the Vehicle Code 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 a stop.
Id. In the matter sub judice, we do not need to determine whether the motor
vehicle violation requires reasonable suspicion or probable cause because we
conclude that the officer had probable cause to stop Appellant’s vehicle. The
motor vehicle violation was a violation of a parking regulation, which provides
that
(a) Two-way highways.--Except as otherwise provided in this
section, every vehicle standing or parked upon a two-way
highway shall be positioned parallel to and with the right-
hand wheels within 12 inches of the right-hand curb or, in
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the absence of a curb, as close as practicable to the right
edge of the right-hand shoulder.
(b) One-way highways.--Except as otherwise provided in this
section, every vehicle standing or parked upon a one-way
highway shall be positioned parallel to the curb or edge of
the highway in the direction of authorized traffic movement
with its right-hand wheels within 12 inches of the right-hand
curb or, in the absence of a curb, as close as practicable to
the right edge of the right-hand shoulder, or with its left-
hand wheels within 12 inches of the left-hand curb or, in the
absence of a curb, as close as practicable to the left edge of
the left-hand shoulder.
75 Pa.C.S.A. § 3354. The motor vehicle code further defines highway as “the
entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purpose of vehicular
travel.” 75 Pa.C.S.A. § 102. Further, standing is defined as “the halting of a
vehicle, whether occupied or not, except momentarily for the purpose of and
while actually engaged in receiving or discharging passengers.” Id.
The record shows that Appellant’s vehicle was standing in the middle of
a roadway, nowhere near the shoulder, and impeding the passage of traffic
when Officer Choiniere approached the vehicle. This is further evidenced by
the fact that Appellant was able to pull over after Officer Choinere approached.
Thus, the officer had probable cause to stop Appellant for a violation of 75
Pa.C.S.A. § 3354. Because the officer had probable cause to effectuate the
stop, the trial court correctly denied Appellant’s motion to suppress.
Therefore, we do not need to address Appellant’s claim that the officer did not
possess reasonable suspicion for the stop.
Judgment of sentence affirmed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/30/2017
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