OPINION BY STABILE, J.:
The Commonwealth appeals from the March 17, 2014 order of the Court of Common Pleas of York County granting Appellee, Stephanie J. Salter's, motion to suppress evidence obtained following a traffic stop. We reverse and remand for proceedings consistent with this opinion.
In relevant part, the trial court summarized the facts and the procedural history of the case as follows:
Trial Court Opinion, 6/5/14, at 2-3 (citations to the record omitted).
After the magisterial district court bound over all charges,
In its Rule 1925(a) opinion, the trial court, in addition to reiterating the propriety of the suppression of the BAC test result, also added, for the first time, that the officer lacked probable cause to conduct a traffic stop for Appellee's failure to have her vehicle's license plate illuminated.
On appeal, the Commonwealth raises the following issues:
Appellant's Supplemental Brief at 4.
We do not need to address the first issue because we conclude the trial court erred in finding the officer did not have probable cause to stop Appellee.
In its Rule 1925(a) opinion, the trial court, in concluding that the officer did not have probable cause to conduct a traffic stop, reasoned as follows:
Our standard of and scope of review in suppression matters is well-settled:
Commonwealth v. Dean, 940 A.2d 514, 516 (Pa.Super.2008) (internal quotations and citations omitted).
In Pennsylvania, the authority that addresses the requisite cause for a traffic stop is statutory and is found at 75 Pa. C.S.A. § 6308(b), which provides:
75 Pa.C.S. § 6308(b). In Commonwealth v. Feczko, 10 A.3d 1285 (Pa.Super.2010) (en banc), this Court, consistent with our Supreme Court's clarification of constitutional principles under the Fourth Amendment and Article I, Section 8 of the Pennsylvania Constitution, stated with respect to § 6308(b):
Id. at 1290-1291 (emphasis added in Gleason). Accordingly, when 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 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 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 Vehicle Code 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. Compare Commonwealth v. Enick, 70 A.3d 843, 846 (Pa.Super.2013) (probable cause required to stop for failure to drive on right side of roadway), Commonwealth v. Brown, 64 A.3d 1101, 1105 (Pa.Super.2013) (probable cause required to stop for failure to use turn signal), Commonwealth v. Busser, 56 A.3d 419, 424 (Pa.Super.2012) (probable cause required to stop for failure to yield to emergency vehicles), and Feczko, 10 A.3d at 1291 (probable cause required to stop for failure to maintain lanes), with Commonwealth v. Holmes, 609 Pa. 1, 14 A.3d 89, 96-97 (2011) (reasonable suspicion sufficient to stop to investigate front windshield obstruction), Commonwealth v. Bailey, 947 A.2d 808, 812-14 (Pa.Super.2008) (reasonable suspicion sufficient to stop to investigate faulty exhaust system or muffler); see also Commonwealth v. Landis, 89 A.3d 694, 703 (Pa.Super.2014) (noting that where trooper stopped motorist for failing to drive within a single lane — and not to investigate possible DUI — he needed probable cause to stop). With these guiding principles and examples in mind, we now turn to the examination of the Vehicle Code violation subject of this appeal.
In relevant part, Section 4303 of the Vehicle Code states that "[e]very vehicle operated on a highway shall be equipped with a rear lighting system including, but not limited to, rear lamps, rear reflectors, stop lamps and license plate light, in conformance with regulations of the department." 75 Pa.C.S.A. § 4303(b). Department regulations at 67 Pa.Code §§ 175.80(a)(9)(i) and 175.66(k) provide a vehicle is not in compliance with the Vehicle Code if "[a]n exterior bulb or sealed beam, if originally equipped or installed, fails to light properly," and "the registration plate lamp shall emit white light and make the registration plate visible from [a] distance of 50 feet to the rear of the vehicle."
In this case, Officer Sheaffer determined the license plate lamp was out, which meant the plate was not illuminated, which in turn meant that the registration plate could not have been visible from a distance of 50 feet to the rear of the vehicle at 3:00 a.m. Officer Sheaffer possessed probable cause to stop Appellee's vehicle, as this was a violation of the Vehicle Code. Nothing more needed to be determined by Officer Sheaffer upon a stop
Admittedly, determination of the required constitutional standard for a vehicle stop is not as clear here as in the case of speeding or driving while under the influence of alcohol. It is possible, given the nature of this violation and the conditions under which plate illumination may be observed, that an officer may have to stop a vehicle to investigate further if a violation exists. Reasonable suspicion requires only that the officer have sufficient knowledge to believe a traffic violation has occurred in order to conduct a brief investigative stop. See Feczko, 10 A.3d at 1291 (noting an officer may, consistent with § 6308(b), perform a traffic stop "to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of [the Vehicle Code]"). For instance, fog, rain, time of day, or obstructions impeding or blocking view of the plate illumination might prevent a clear determination if a lighting violation exists. If reasonable suspicion exists that such a violation is present, but a stop is required to confirm the violation, then probable cause is not needed and reasonable suspicion may be sufficient. Those facts are not present here, as Officer Sheaffer testified that he observed the plate lights to be out. The trial court here understandably vacillated between whether probable cause or reasonable suspicion was sufficient for Officer Sheaffer to make this stop due to the nature of this Vehicle Code violation. Since Officer Sheaffer did not need to stop Appellee's vehicle to investigate further to determine if the plate lights were out, he possessed probable cause to legally make the stop.
We next address whether the trial court erred in suppressing the BAC result.
In its opinion, the trial court placed significant weight on erratic driving in determining probable cause to arrest for DUI. Trial Court Opinion, 6/5/14, at 10. Erratic driving is not a super-factor, much less one determinative of DUI. "Evidence of erratic driving is not a necessary precursor to a finding of guilt [for driving under influence (DUI)-general impairment.]" Commonwealth v. Mobley, 14 A.3d 887, 890 (Pa.Super.2011). Similarly, slurred speech, alone, may not determine impairment. See Commonwealth v. Segida, 604 Pa. 103, 985 A.2d 871 (2009).
In the absence of erratic driving and slurred speech, the trial court believed that bloodshot/glassy eyes, odor of alcohol emanating from the vehicle, Appellee's admission that she had "two" glasses of wine, and poor performance on the sobriety tests were not reliable clues of impairment and, therefore, insufficient to warrant Appellee's arrest under suspicion of DUI. We disagree. "[P]robable cause does not involve certainties, but rather the factual and practical considerations of everyday life on which reasonable and prudent [persons] act." Commonwealth v. Angel, 946 A.2d 115, 118 (Pa.Super.2008) (quotation omitted). In light of the circumstances observed, and the officer's experience and training relating to DUI traffic stops, we conclude that the officer had probable cause to arrest Appellee for DUI.
We now address the second part of the trial court's conclusion: the irrelevance of the field sobriety tests for purposes of establishing probable cause. The trial court discounted the officer's observations of Appellee's performance of the field sobriety tests because the officer could not articulate, to the trial court's satisfaction, the significance of Appellee's deviation from the field sobriety standards. The trial court also doubted the reliability of these tests, and the unstandardized way they are administered by police officers.
A review of the record reveals that the officer did explain the tests, their administration and purposes, and how Appellee performed. The officer, however, was not able to articulate, according to the trial court, adequate reasons for their reliability.
The trial court questioned the reliability of standardized field sobriety tests for purposes of establishing probable cause to arrest for DUI because they fail to show "correlation to what they demonstrate with regard to alcohol (or drug) impaired driving."
The trial court seems to ignore that our caselaw recognizes that field sobriety tests, such as those administered here,
Commonwealth v. Ragan, 438 Pa.Super. 505, 652 A.2d 925, 928 (1995).
The trial court commented on the Commonwealth's failure to produce "testimony regarding the percentage of actually impaired drivers who have bloodshot/glassy eyes, or what percentage of actually impaired driver fail the field sobriety tests generally." Trial Court Opinion, 6/5/14. The trial court misses the point on what the Commonwealth had to prove at that procedural juncture (i.e., suppression hearing) and the burden of proof required at that proceeding.
First, as noted above, these tests are generally accepted methods for ascertaining alcohol or drug impairment at the time of a traffic stop. See Ragan, supra. Second, the trial court fails to account for the Commonwealth's burden of proof at a suppression hearing. At a suppression hearing, "the burden is on the Commonwealth to establish by a preponderance of the evidence that the challenged evidence is admissible." Commonwealth v. Simmons, 17 A.3d 399, 402 (Pa.Super.2011). Third, and equally important, the trial court also seems to ignore that
Anderson, 302 A.2d at 506 (internal quotations and citations omitted); accord Brinegar v. United States, 338 U.S. 160, 174-76, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949) (explaining the difference between probable cause and proof beyond a reasonable doubt).
The trial court also noted that these field sobriety tests are not, in fact, standardized in their administration, and the decision to arrest ultimately depends on the officer's subjective observations, which, in the trial court's view, is improper. Trial Court Opinion, 6/5/14, at 11.
The field sobriety tests are not meant to ascertain with certainty a driver's BAC, but only to provide the officer with information useful to determine whether the driver is impaired. See Ragan, supra. The determination whether to arrest for DUI must be made by the officer in light of the circumstances surrounding the traffic stop. Probable cause to arrest exists
Commonwealth v. Weaver, 76 A.3d 562, 565 (Pa.Super.2013), aff'd per curiam, ___ Pa. ___, 105 A.3d 656 (2014).
To the extent the trial court suggests the officer did not have probable cause to arrest Appellee because Appellee did not fail the field tests, it is worth noting that failing these tests is not a requirement for a determination of probable cause. Commonwealth v. Slonaker, 795 A.2d 397, 402 (Pa.Super.2002) ("[T]he law is well settled that reasonable grounds to arrest does not require the failure of field sobriety tests.").
The trial court also was bothered by the fact that the officer did not ask Appellee whether she had any medical condition that could affect her ability to perform the HGN test. While the trial court does not elaborate on the legal relevance of this fact, it seems to imply that the officer was under a duty to do so. The trial court, however, provided no authority for any such duty. Additionally, there is no indication in the record that Appellee notified the officer of any medical condition that could have precluded or limited her ability to perform the field sobriety tests, nor is there any mention of a circumstance that could have alerted the officer of a medical condition affecting Appellee. In fact, Appellee did not argue she had a medical condition preventing her to perform the tests. Appellee argued, and the trial court apparently agreed, that her poor performance on the HGN test could have been caused by reasons other than intoxication. Similarly, the trial court emphasized that "[a]s admitted by the District Attorney and the officer, bloodshot/glassy eyes can be caused by numerous other things that do not include intoxication." Trial Court Opinion, 6/5/14, at 10. Even if Appellee's inability to perform could have other explanations, this circumstance, alone, does
In light of the foregoing, we conclude that the officer had probable cause to conduct a traffic stop because Appellee's license plate was not illuminated and, subsequently, for arresting Appellee under suspicion of DUI. Accordingly, we reverse the order of the trial court and remand for proceedings consistent with this opinion.
Order reversed. Case remanded for proceedings consistent with this opinion. Jurisdiction relinquished.
P.J.E. FORD ELLIOTT joins the opinion.
J. SHOGAN files a concurring statement.
CONCURRING STATEMENT BY SHOGAN, J.:
I question whether the police officer had probable cause to conduct the traffic stop due to the officer being seventy-five feet from Appellee's vehicle at the time he determined that the registration plate was not illuminated. The traffic regulation in question requires only that the lights "make the registration plate visible from [a] distance of 50 feet to the rear of the vehicle," not 75 feet. See 67 Pa.Code § 175.66(k). However, because I conclude that the officer had at least 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.
N.T. Suppression, 3/17/14, at 60-61.
Segida, 985 A.2d at 879 (emphasis added).