Opinion
J-A27003-16 No. 55 EDA 2016
01-10-2017
COMMONWEALTH OF PENNSYLVANIA Appellant v. JEFFREY STEVEN CULVER
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order November 19, 2015
In the Court of Common Pleas of Delaware County
Criminal Division at No(s): CP-23-CR-0002949-2015 BEFORE: PANELLA, J., LAZARUS, J., and FITZGERALD, J. MEMORANDUM BY PANELLA, J.
Former Justice specially assigned to the Superior Court.
Appellant, the Commonwealth of Pennsylvania, appeals from the order granting appellee, Jeffrey Steven Culver's, motion to suppress. The Commonwealth argues that the suppression court erred in concluding that the Pennsylvania State Trooper who arrested Culver lacked probable cause to initiate a traffic stop. After careful review, we conclude that the suppression court's factual findings are supported by the record, and further, that the suppression court did not commit an error of law or abuse its discretion in ordering the evidence suppressed. We therefore affirm.
At the suppression hearing, the Commonwealth presented the testimony of Pennsylvania State Police Trooper Jason Zachariah. Trooper Zachariah testified that he was travelling southbound on Route 1 when he noticed Culver's vehicle at the intersection of Route 1 and State Farm Road. See N.T., Suppression Hearing, 9/18/15, at 8-9. Culver was in the left lane of northbound Route 1 with his left turn signal activated. See id., at 9.
Concerned that the vehicle would make a left turn despite the traffic sign prohibiting such turns, Trooper Zachariah pulled over to the right side of southbound Route 1. See id. From his position south of the intersection, Trooper Zachariah watched as Culver proceeded to execute a u-turn onto Route 1 southbound. See id. Trooper Zachariah testified that after executing the u-turn, Culver proceeded from the right lane to the far left lane of Route 1 without utilizing his left turn signal. See id., at 10.
Culver proceeded to the intersection of Route 1 and Route 202, staying in the far left turn only lane. See id., at 10-11. As Culver approached the intersection, Trooper Zachariah testified that Culver activated his right turn signal and crossed over solid white lines separating the lanes of travel to the far right turn only lane. See id., at 11-12. Culver turned onto Route 202 northbound. See id., at 13. Trooper Zachariah followed him, and pulled Culver over shortly thereafter. See id.
Trooper Zachariah's affidavit of probable cause contains the following summary of the incident:
I was on routine patrol in the area of SR0001 north at State Farm Dr., ..., when I observed [Culver's vehicle] cross the center lane line and not drive as close as practical to the right curb. I then observed the vehicle make an illegal U-turn at State [F]arm
drive. I then observed the vehicle move into the left lane without signaling and then make a right turn onto SR 0202 from the left lane without signaling. I then activated my emergency lights and stopped the vehicle at SR0202 just north of SR0001.Affidavit of Probable Cause, 1/19/15, at 1.
At the preliminary hearing in this case, Trooper Zachariah testified that he was travelling northbound on Route 1 behind Culver when he observed Culver move from the center lane to the left lane of Route 1 without signaling. See N.T., Preliminary Hearing, 5/7/15, at 15-16. Trooper Zachariah testified that he followed Culver through the u-turn onto Route 1 southbound. See id., at 16.
After following Culver through the u-turn, Trooper Zachariah testified that he observed Culver move from the center lane of northbound Route 1 to the far left lane without activating his turn signal. See id., at 17. Culver then crossed over to the far right hand lane to turn onto Route 202 northbound. See id. Trooper Zachariah testified that Culver did not utilize his right turn signal while moving from the far left lane to the far right lane. See id., at 18.
Trooper Zachariah's patrol car was equipped with a Mobile Vehicle Recorder. The Commonwealth made a copy of the MVR recording of the incident a part of the record at the suppression hearing. The MVR recording reveals that Trooper Zachariah was travelling southbound on Route 1 when he passed Culver's vehicle at the intersection of State Farm Road. After several seconds, Trooper Zachariah pulled his vehicle to the right shoulder. The MVR recording does not capture Culver's u-turn, or its immediate aftermath. When Culver's vehicle next appears in the recording, it is in the far left lane of Route 1 southbound. Culver activates his right turn signal, and proceeds to cross to the far right lane and turn onto Route 202 northbound.
After reviewing the MVR recording, the suppression court granted Culver's suppression motion. The Commonwealth filed a timely notice of appeal, which it later amended to include a Pa.R.A.P. Rule 311(d) certification. The suppression court filed an opinion and attached its findings of fact and conclusions of law.
The Commonwealth contends that the suppression court erred as a matter of law in granting Culver's motion to suppress. We review such a claim pursuant to the following standards.
The issue of what quantum of cause a police officer must possess in order to conduct a vehicle stop based upon a possible violation of the Motor Vehicle Code is a question of law, over which our scope of review is plenary and our standard of review is de novo. However, in determining whether the suppression court properly denied [or affirmed] a suppression motion, we consider whether the record supports the court's factual findings. If so, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error.Commonwealth v. Holmes , 14 A.3d 89, 94 (Pa. 2011) (citations omitted).
After a thorough review of the record, including the MVR recording, the briefs of the parties, the applicable law, and the well-reasoned opinion of the Honorable Gregory M. Mallon, we conclude that the Commonwealth is not entitled to relief. See Suppression Court Opinion, filed April 28, 2016, at 1-11. Accordingly, we affirm on the basis of the suppression court's opinion.
Order affirmed. Jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 1/10/2017
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