Commonwealth v. Cephus

208 A.3d 1096

COMMONWEALTH of Pennsylvania

v.Jonathan CEPHUS, Appellant

No. 1275 EDA 2018

Superior Court of Pennsylvania.

Argued March 13, 2019

Filed April 24, 2019

Reargument Denied June 13, 2019

Katherine E. Ernst, Public Defender, Norristown, for appellant.

Todd N. Barnes, Assistant District Attorney, Norristown, for Commowealth, appellee.

BEFORE: OLSON, J., DUBOW, J., and STEVENS^* , P.J.E.

OPINION BY STEVENS, P.J.E.:

Appellant Jonathan Cephus appeals the judgment of sentence entered by the Court of Common Pleas of Montgomery County after the lower court convicted Appellant of Persons Not to Possess a Firearm,¹ Firearms not to be Carried Without a License,² Possession of Drug Paraphernalia,³ and Driving on Roadways Laned for Traffic.⁴ Appellant claims the lower court erred in denying his motion to suppress evidence from a stop of his vehicle that was not justified by the requisite suspicion.

We recognize the difficulties law enforcement officers face in deciding whether to stop a vehicle for disregarding defined lanes of traffic, as our decisions analyzing the validity stops based on a violation of Section 3309(1) of the Vehicle Code have been inconsistent. After careful review, we affirm.

On July 29, 2016, at 1:30 a.m., while traveling westbound on Route 422 in Limerick Township, Trooper Robert Beyer and Trooper Mark Musser observed a silver Cadillac crossing over the center dotted line dividing the two westbound lanes of Route 422. After noticing the driver of the Cadillac was having trouble maintaining his lane, Trooper Beyer activated the patrol car's dash camera to record and monitor the Cadillac's movements.

When asked how many times he saw the Cadillac cross the center line, Trooper Beyer responded "I believe it was three times." N.T., 4/19/17, at 8. The dash camera footage shows the Cadillac crossing over the center line three times in a twenty-second period, in which both of its driver's side tires consistently remained over the center line. Trooper Beyer estimated that the Cadillac traveled "a couple hundred yards" in the time the dash camera was recording, but indicated he was unsure of the actual distance. Id. at 22. Trooper Beyer could not recall how many times he observed the Cadillac cross over the center line before the dash camera was activated.

Upon observing that the driver of the Cadillac was "unable to maintain its lane several times," the troopers initiated a traffic stop of the vehicle. Id. at 8. Once Trooper Beyer approached the vehicle, he immediately smelled a strong odor of marijuana emanating from the car, observed numerous air fresheners in the car, and noticed the driver, Appellant, was sweating.

Appellant complied with Trooper Beyer's request to exit the vehicle and consented to a search of the vehicle. Trooper Beyer discovered a handgun in the center console and drug paraphernalia in the vehicle. At that point, Trooper Beyer stopped his search and placed Appellant in handcuffs. Trooper Beyer had to call for emergency personnel as Appellant passed out.

Once Appellant was charged with the aforementioned offenses, he filed a suppression motion, which the trial court subsequently denied. After a bench trial, Appellant was convicted of Persons Not to Possess a Firearm, Firearms not to be Carried Without a License, Drug Paraphernalia, and Driving on Roadways Laned for Traffic. On April 16, 2018, the trial court sentenced Appellant to an aggregate term of five to ten years' imprisonment. Appellant filed a timely post-sentence motion, which the trial court subsequently denied.

Appellant filed a pro se notice of appeal on April 30, 2018. The lower court directed the Public Defender of Montgomery County to determine whether Appellant desired the assistance of counsel or wanted to proceed pro se , so that the lower court could schedule a Grazier hearing, if necessary. On May 17, 2018, the Public Defender's Office formally entered its appearance on behalf of Appellant, who indicated that he wanted the assistance of counsel on appeal. Appellant complied with the trial court's direction to file a Concise Statement of Errors Complained of on Appeal pursuant to Pa.R.A.P. 1925(b).

Appellant's sole argument on appeal is that the trial court erred in denying his suppression motion as he alleges that he was subjected to an unlawful vehicle stop that was not justified by probable cause. When reviewing a trial court's decision to deny a suppression motion, our standard of review is as follows:

Our 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 the ruling of a 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 the legal conclusions drawn therefrom are in error.

Commonwealth v. Eichinger , 591 Pa. 1, 22, 915 A.2d 1122, 1134 (2007) (citations omitted). "It is within the suppression court's sole province as factfinder to pass on the credibility of witnesses and the weight to be given their testimony." Commonwealth v. Gallagher , 896 A.2d 583, 585 (Pa. Super. 2006).

Section 6308(b) of the Motor Vehicle Code defines the requisite level of suspicion for a traffic stop:

Whenever a police officer ... 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.

75 Pa.C.S.A. § 6308(b). However, "[t]raffic stops based on a reasonable suspicion: either of criminal activity or a violation of the Motor Vehicle Code under the authority of Section 6308(b) must serve a stated investigatory purpose." Commonwealth v. Feczko , 10 A.3d 1285, 1291 (Pa.Super. 2010) (en banc ) (citation omitted). For a stop based on an observed violation of the vehicle code or an otherwise non-investigable offense, an officer must have probable cause to make a constitutional vehicle stop. Id. ("Mere reasonable suspicion will not justify a vehicle stop when the driver's detention cannot serve an investigatory purpose relevant to the suspected violation").

In this case, Trooper Beyer initiated a traffic stop based on Appellant's disregard for traffic lanes pursuant to Section 3309(1) of the Motor Vehicle Code ("Driving on Roadways Laned for Traffic"), which provides:

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others not inconsistent therewith shall apply:

(1) Driving within single lane.-- A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.

75 Pa.C.S.A. § 3309(1). This Court has found that an officer must have probable cause to justify a traffic stop for a violation of Section 3309(1). Feczko , 10 A.3d at 1292.

To determine whether probable cause exists, we must consider whether the facts and circumstances which are within the knowledge of the officer at the time of the arrest, and of which he has reasonably trustworthy information, are sufficient to warrant a man of reasonable caution in the belief that the suspect has committed or is committing a crime.

Commonwealth v. Ibrahim , 127 A.3d 819, 824 (Pa.Super. 2015) (quoting Commonwealth v. Rodriguez , 526 Pa. 268, 585 A.2d 988, 990 (1991) ) (quotation marks omitted). In Commonwealth v. Anderson, 889 A.2d 596 (Pa.Super. 2005), this Court found that the vehicle stop...