OPINION BY OLSON, J.:
Appellant, Danielle Dickson Gatlos, appeals from the judgment of sentence entered June 4, 2012, committing her to an aggregate sentence of eight to 23 months' incarceration followed by three years' probation for convictions of driving under the influence ("DUI") of alcohol or controlled substance,
The trial court set forth the relevant factual and procedural background of this matter as follows:
Trial Court Opinion, 11/23/2011, at 2-9 (footnotes in original).
Appellant was charged with the aforementioned crimes. Prior to trial, Appellant filed a motion to suppress evidence that Appellant believed the state police illegally seized. That motion addressed items seized in the search of Appellant's purse on March 12, 2010, the search of Appellant's vehicle on March 15, 2010, and all medical records, blood samples and toxicology reports received from Christiana Hospital on or about March 23, 2010. On April 19, 2011, the trial court held a suppression hearing. On November 23, 2011, the trial court entered an order denying all aspects of Appellant's motion to suppress.
On April 4, 2012, following the completion of a jury trial, Appellant was found guilty of DUI controlled substance, aggravated assault by vehicle while DUI, and four counts of recklessly endangering another person. The trial court then found Appellant guilty of the summary offenses of possession of a small amount of marijuana, careless driving, and reckless driving. The trial court sentenced Appellant on June 4, 2012. This timely appeal followed.
Appellant presents two issues for appeal:
Appellant's Brief at 2.
Appellant's first issue challenges the trial court's ruling on her motion to suppress. When reviewing the denial of a motion to suppress, we must consider only the evidence of the prosecution and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole. Commonwealth v. Foglia, 979 A.2d 357, 360 (Pa.Super.2009). We are bound by the suppression court's findings if they are supported by the record. Id. "Factual findings wholly lacking in evidence, however, may be rejected." Commonwealth v. Dangle, 700 A.2d 538, 539-540 (Pa.Super.1997), citing Commonwealth v. Johnson, 444 Pa.Super. 289, 663 A.2d 787, 789 (1995). We may only reverse the suppression court if the legal conclusions drawn from the findings are in error. Foglia, 979 A.2d at 360.
In this appeal, Appellant argues that the trial court erred in not suppressing three sets of evidence: (1) cigar boxes and their contents recovered from Appellant's purse (located in her vehicle) on March 12, 2010; (2) a cigar containing marijuana recovered from Appellant's vehicle on March 15, 2010, and the lab analysis thereof; and (3) Appellant's medical records and blood samples obtained from Christiana Hospital, located in the state of Delaware.
We begin by considering the legality of the search conducted on March 12,
On appeal, Appellant argues that the March 12, 2010 search of her vehicle and purse were illegal because the police did not have a warrant, did not have probable cause, and did not have Appellant's consent to conduct the search. Appellant's Brief at 17-19. On that basis, Appellant argues that the evidence discovered in the warrantless search should have been suppressed. Id.
The trial court denied Appellant's motion to suppress, holding that, because the motor vehicle accident rendered Appellant unresponsive, and because no one at the scene was able to identify her, exigent circumstances provided Trooper Martin with the legal justification to search Appellant's vehicle and purse for identification. Trial Court Opinion, 11/23/2011, at 10-11.
We conclude that, under the emergency circumstances in this matter, the state troopers lawfully entered Appellant's vehicle to learn her identity, and that within the lawful search for Appellant's identity, the troopers inadvertently discovered the cigar boxes. Consequently, we hold that the trial court did not err in denying Appellant's motion to suppress the evidence discovered within the March 12, 2010 search.
Under well-accepted state and federal law, it is established that:
Commonwealth v. Copeland, 955 A.2d 396, 399 (Pa.Super.2008), quoting Commonwealth v. Stewart, 740 A.2d 712, 715 (Pa.Super.1999). Here, the trial court relied exclusively upon exigent circumstances to surmount the warrant requirement.
As the trial court correctly recognized, exigent medical circumstances that necessitate an immediate search to learn an individual's identity represent an exception to the warrant requirement. For example, in Commonwealth v. Johnson, 969 A.2d 565, 569 (Pa.Super.2009), our Court held that the need to identify an unconscious gunshot victim was an exigent circumstance, which, standing alone, justified the warrantless search of that victim's person.
In Johnson, the defendant had been the victim of a shooting and was taken to the hospital, unresponsive. Id. at 566-567. A police officer went to the emergency room to ascertain the victim's identity. Id. At that point, the victim was not suspected of having committed a crime. Id. at 567. Because no one at the hospital was able to identify the victim, police searched his clothing for identification. Id. Within that search, police recovered narcotics. Id.
Id. at 572.
In this matter, the trial court compared the facts and circumstances of the March 12, 2010 search of Appellant's vehicle and purse to those confronted by this Court in Johnson, and determined that those exigencies excused the warrant requirement for the search of Appellant's car and purse. Trial Court Opinion, 11/23/2011, at 10-11. Based upon this comparison, the trial court reasoned that, because Trooper Martin inadvertently discovered the cigar boxes and their contents while lawfully searching for Appellant's identity, the evidence was legally seized and therefore admissible. Id.
We disagree with the trial court's solitary reliance upon Johnson in this case. Significantly, Johnson did not involve a vehicle search, but addressed the search of one's person. Pennsylvania law is clear that warrantless vehicle searches require probable cause and exigent circumstances, beyond mere mobility of the vehicle. As our Court explained in Commonwealth v. Brown, 23 A.3d 544 (Pa.Super.2011):
Id. at 553 (parallel citations omitted, footnote in original).
In this matter, all parties acknowledge that Trooper Martin's search of Appellant's purse, located within Appellant's car, was not supported by probable cause. Hence, if we were to review this case as one that involved a search of a vehicle undertaken for investigative purposes, we would not hesitate to conclude that the intrusion into Appellant's car was unlawful because Trooper Martin's search was not supported by the dual requirement of probable cause and exigent circumstances. Id.
Though not relied upon by the trial court, within the proceedings on Appellant's motion to suppress, the parties also argued as to whether the March 12, 2010 search of Appellant's vehicle was a lawful warrantless inventory search. Our Supreme Court addressed the role and legal underpinnings of inventory searches under Pennsylvania law in Commonwealth v. Nace, 524 Pa. 323, 571 A.2d 1389 (1990). There, our Supreme Court explained:
Nace, 571 A.2d at 1391 (parallel citations omitted, emphasis added).
Commonwealth v. Collazo, 440 Pa.Super. 13, 654 A.2d 1174, 1177 (1995).
"If, after weighing all the facts and circumstances, the court is of the opinion that [a search] was an inventory search of an automobile lawfully in police custody, then any evidence seized as a result of this `reasonable' inventory search is admissible." Commonwealth v. Brandt, 244 Pa.Super. 154, 366 A.2d 1238, 1242 (1976). Furthermore, as our Court explained in Brandt,
Id. at 1242 n. 7.
As set forth above, though addressed within the motion to suppress hearing, the trial court did not rely upon the inventory search exception to the warrant requirement to justify the March 12, 2010 search of Appellant's vehicle and purse. We however, believe that a lawful inventory search is, in fact, what occurred in this matter. Specifically, within this matter, we are called upon to decide whether the police need a warrant to enter and search a vehicle in order to locate identification materials for an unresponsive crash victim in need of immediate medical treatment. Based upon the certified record, it is undisputed that: (1) Appellant was alone in her vehicle; (2) the crash rendered Appellant unresponsive; (3) Appellant needed immediate medical assistance; (4) there was no way for first responders to reliably identify Appellant without undertaking a vehicle search; (5) time was of the essence; (6) Appellant's vehicle was inoperable; and (7) there was no way for officers to properly take custody of the vehicle, secure the scene, and remove wreckage without a vehicle search.
With regard to the two warrant exceptions set forth above, Pennsylvania law, as applied in Johnson and relied upon by the trial court, recognizes that exigent circumstances may provide an exception to the warrant requirement in what are essentially emergency situations created by those exigent circumstances. Johnson, however, did not involve a vehicle search. Our Supreme Court in Nace recognized that, in certain circumstances, an inventory search is necessary "to ascertain or identify the identity of a defendant," but Nace did not delve into the circumstances within which that exception is applicable. Indeed, we are surprised to realize that, based upon our research, Pennsylvania precedent has not addressed the circumstances necessary to conduct a warrantless search of a vehicle for the purpose of identifying an unresponsive crash victim. Other states, however, address this issue within the scope of
For example, in State v. Rynhart, 81 P.3d 814 (Utah App.2003), a police officer discovered a wrecked vehicle in a marsh. Id. at 815. The officer approached the vehicle and eventually entered it to try to find out the identity of the owner, the driver, and if anyone was in the vehicle at all. Id. The officer testified that he performed a very thorough search, opening all of the doors and looking under the seats. Id. at 816. Within that search, the officer found a partially full bottle of vodka in the console between the front seats, a briefcase, and a purse. Id. The officer searched the briefcase, and purse, wherein he found a wallet, which he also searched. Id. Within the purse and wallet, the officer found the defendant's driver's license, $329.00 in cash, several gift certificates, a small plastic bag containing a white powdery substance, and a mirror with some powder on it. Id.
After completing his search, the officer in Rynhart had the vehicle towed to a wrecking yard "for safe keeping," but did not officially impound the vehicle. Id. The officer retained the brief case and purse and the items that he found therein. Id. Eventually, the officer contacted the defendant, who admitted that the white powdery substance was cocaine, but claimed that it belonged to a friend. Id. The defendant was later charged with a number of drug-related crimes. Id.
Prior to trial, the defendant in Rynhart filed a motion to suppress the items seized during the warrantless search of her vehicle. Id. The trial court held that the officer's warrantless search of the vehicle was justified under Utah's emergency aid doctrine. Id. On appeal, the Utah Court of Appeals disagreed that the doctrine applied to the facts and circumstances of that case because the officer lacked reliable information that an emergency existed, rather than simply an abandoned vehicle. Id. at 819. In so holding, the court provided a thorough explanation of the doctrine and its application.
As the Utah court explained, the emergency aid doctrine, sometimes referred to as the medical emergency doctrine, is a variant of the exigent circumstances doctrine. Id. at 818. Under their application, the emergency aid doctrine will
Id., quoting Salt Lake City v. Davidson, 994 P.2d 1283 (Utah App.2000).
Utah applies the following test for application of the emergency aid doctrine:
Id. The Utah court went on to explain that, under this test, whether an emergency
Comparing the emergency aid doctrine with Pennsylvania's definition of an inventory search, we note that the significant and common factor among both warrant exceptions is the absence of probable cause. See Nace, 571 A.2d at 1391; Rynhart, 81 P.3d at 818. Neither search is intended for investigative purposes, but is strictly limited to the caretaking function of the police. Id. Therefore, while we do not go so far as to adopt the "emergency aid doctrine" in Pennsylvania, as such an adoption would be unnecessary, we find its test and considerations helpful in setting forth parameters for the search contemplated by, but not addressed in Nace — a search "to ascertain or verify the identity of a defendant."
Consequently, we hold that pursuant to the situation eluded to in the Supreme Court's decision in Nace, under circumstances satisfying the three-part test set forth in Rynhart, and relied upon herein, police may conduct a warrantless inventory search of a vehicle for the purpose of identifying an unresponsive and otherwise un-identifiable crash victim.
Indeed, at the time of the search, Appellant was unconscious and in the process of being transported to the hospital. As a responding officer, Trooper Martin had an obligation to identify Appellant to assist medical personnel with her treatment, and to initiate bookkeeping responsibilities as the police took custody of her disabled vehicle. Therefore, unlike in Rynhart, in this matter it is beyond question that the troopers had an "objectively reasonable basis to believe that an emergency exist[ed] and believe there [was] an immediate need for their assistance for the protection of [Appellant's] life." See Rynhart, 81 P.3d at 818. The first element of the emergency aid doctrine is satisfied.
Additionally, absolutely nothing within the certified record indicates that the search of Appellant's vehicle was "motivated by intent to arrest and seize evidence." Indeed, testimony at the suppression hearing established that, at the time that troopers initiated the search of Appellant's vehicle and purse, they did not yet suspect her of having been under the influence while driving. They simply needed to figure out who she was. Therefore, the second prong of the test is satisfied.
On this basis, we hold that the March 12, 2010 search of Appellant's vehicle and purse was a legal inventory search undertaken to ascertain Appellant's identity. Consequently, Appellant's argument that the search was illegal, as not supported by a warrant, probable cause, or consent, lacks merit. Furthermore, we hold that because the cigar boxes and their contents were discovered within a lawful inventory search, they were admissible evidence. See Brandt, 366 A.2d at 1242 (noting that evidence seized as a result of a lawful inventory search is admissible at trial.)
Though it is not exceptionally clear, it appears that at least one portion of Appellant's brief attempts to argue that, even if the March 12, 2010 search was a lawful inventory search (which we hold that it was), the evidence discovered within that search should be suppressed because the Commonwealth failed to present sufficient evidence that the inventory search was lawfully conducted. See Appellant's Brief at 19, citing Florida v. Wells, 495 U.S. 1, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990). We disagree.
Specifically, within Wells, the United States Supreme Court held that, where police had no standard procedure with respect to the opening of closed containers found during inventory searches, marijuana found in a closed suitcase was properly suppressed. See Wells, 495 U.S. at 4-5, 110 S.Ct. 1632. Our Court has interpreted the holding in Wells to require that an inventory search be conducted pursuant to reasonable police procedures, in good faith, and not as a substitute for a warrantless investigatory search. See Commonwealth v. Hennigan, 753 A.2d 245, 255 (Pa.Super.2000).
In this matter, Appellant argues that within the suppression hearing police did not present their policy regarding the opening of containers within an inventory search. Appellant's Brief at 19. Referencing the opening of Appellant's purse and the cigar boxes, Appellant relies upon the holdings in Wells and Hennigan, and argues that because "the" written policy on such inventory searches was not entered into evidence at trial, the Commonwealth failed to sustain its burden of proving that police conducted a lawful inventory search. Id. Therefore, Appellant asserts that the evidence discovered in the March 12, 2010 search should have been suppressed. Id.
Appellant, however, misinterprets the holding of Wells and Hennigan, and disregards testimony presented at the suppression hearing. Specifically, nothing within Wells and Hennigan requires the written policy for inventory searches to be presented to the court. Rather, those cases require evidence that the inventory search was conducted pursuant to standard police procedure, and in good faith. At the suppression hearing, Corporal Ranck testified that the Pennsylvania State Police have a policy for removing vehicles from a crash scene, and inventorying those vehicles to secure any valuables for the driver. He testified that it is a written policy of the Pennsylvania State Police. Furthermore, Trooper Miller testified that it is police procedure to attempt to identify accident victims, particularly when they are in need of immediate medical assistance.
We next consider Appellant's motion to suppress with regard to the March 15, 2010 search of her car. The record reflects that, after the accident, state police had Appellant's vehicle towed to Chew's Towing. Three days later, on March 15, 2010, Trooper Miller went to Chew's Towing to take photos of the vehicles and to ensure that she had complete insurance and registration information for each automobile. Mr. Chew, owner of the tow yard, accompanied Trooper Miller to Appellant's vehicle. While Trooper Miller searched Appellant's vehicle for insurance and registration information, Mr. Chew noticed the burnt cigar on the passenger floorboard. Mr. Chew pointed out and picked up the cigar for Trooper Miller. Trooper Miller transported the cigar to the police station, field tested it for marijuana, and seized the item. The cigar was thereafter sent to a lab for further testing, which confirmed the presence of marijuana.
Appellant's motion to suppress alleged that the cigar tip recovered on March 15, 2010, and the lab analysis thereof, should be suppressed because the cigar was discovered as a result of a second illegal warrantless search of her vehicle. Appellant's Brief at 6-17.
The trial court acknowledged that, at the time of the discovery, the police had neither probable cause nor a warrant to search Appellant's vehicle. Trial Court Opinion, 11/23/2011, at 11-12. The trial court, however, denied Appellant's motion to suppress, finding that, because Appellant's car had been impounded, police would have inevitably discovered the cigar during a valid inventory search. Trial Court Opinion, 11/23/2011, at 11-12. Therefore, the trial court reasoned that the cigar was admissible under the inevitable discovery rule.
We disagree only slightly with the trial court's reasoning inasmuch as we hold that the March 15, 2010 search of Appellant's vehicle
Indeed, the March 15, 2010 inventory search of Appellant's car was very similar to the inventory search conducted in Collazo. In that matter, police observed the defendant drive to a park, whereupon he exited his vehicle and engaged in a drug transaction. See Collazo, 654 A.2d at 1175. After witnessing the drug transaction, and through the help of a confidential informant, police surrounded and arrested the defendant. Id. After the defendant had been arrested, police seized his vehicle and transported it to an impound lot for storage. Id. When the defendant told police that he owned the vehicle, but had registered it in a different name, police contacted an employee of the impound lot, and asked him to check the vehicle's identification number. Id. When the employee was unable to read the identification number, he looked inside the vehicle for an owner's card or registration papers. Id. While doing so, he found a packet of heroin. Id. The employee of the impound lot informed police of his discovery, and they took possession of the evidence. Id.
On appeal, the defendant objected to the admission of the heroin found in his car, arguing that it had been seized as a result of an illegal warrantless search. Id. This Court ruled that Collazo's claim regarding the legality of the search was waived because he failed to raise it before trial. Id. at 1176. Despite this finding of waiver, the validity of the search was addressed on the merits. Therefore, though not binding, the merits discussion in Collazo is persuasive for our purposes.
With regard to that merits analysis, our Court found that the narcotics were discovered pursuant to a lawful inventory search. Id. at 1177. Significant to our determination was the fact that the vehicle had been lawfully seized and impounded by police, and that the motive for the search of the vehicle was solely to identify its owner and not to uncover evidence of crime. Id. Considering those circumstances, the Court in Collazo held that the search "was within the caretaking function of the police and, as such, was properly conducted without a warrant." Id.
Similarly, in this matter the record is clear that following the March 12, 2010 accident, Appellant's vehicle was impounded at Chew's Towing. Furthermore, Trooper Miller testified that on March 15, 2010, she entered Appellant's vehicle, not to carry out a search for evidence, but for the limited purpose of obtaining insurance and registration information. This testimony is uncontroverted. Therefore, pursuant to the Supreme Court's explanation in Nace, the March 15, 2010 search of Appellant's vehicle was conducted within the caretaking function of police, and satisfies the definition of a lawful inventory search.
We note that in support of appeal, Appellant argues that her vehicle had not been "impounded" pursuant to 75 Pa. C.S.A. § 3352, which addresses when police are authorized to impound a vehicle, but was simply being "stored" on her behalf. Appellant's Brief at 14. In furtherance of this argument, Appellant relies upon testimony from Trooper Miller, wherein the trooper explained that it was her understanding that Appellant's vehicle was being "stored" not "impounded." Id.
Despite Trooper Miller's testimony, upon review of Section 3352, we find no error with the trial court's determination that Appellant's vehicle had been impounded and was therefore subject to an inventory search. See 75 Pa.C.S.A. § 3352 ("Any police officer may remove or cause to be removed ... any vehicle found upon a highway under any of the following circumstances:
In making our holdings with respect to both the March 12, 2010 and March 15, 2010 searches, we acknowledge that within its opinion denying Appellant's motion to suppress, the trial court found that, within the relevant time period for this matter, police did not conduct an inventory search. Trial Court Opinion, 11/23/2011, at 11. According to the trial court, "[t]he police were not at the official inventory stage yet." Id.
We are, however, not bound by this legal determination and find the trial court's definition of what constitutes an inventory search too narrow for the facts of this matter and for Pennsylvania precedent. Indeed, the trial court seems to qualify an inventory search as only that search conducted to literally inventory the contents of an automobile. While that is perhaps the primary function of an inventory search, within Nace our Supreme Court pointed out that, on occasion (such as in this matter), inventory searches are necessary to identify the identity of property or an individual such as an accident victim or criminal defendant. See Nace, 571 A.2d at 1391. Furthermore, Pennsylvania precedent unanimously agrees that the most important factor in evaluating such searches is the motive behind the search, and that the search is conducted pursuant to the objectives set forth by the United States Supreme Court in Opperman. See Collazo, 654 A.2d at 1177. In this matter, the evidence is uncontroverted that the vehicle searches that occurred on March 12 and 15, 2010 were conducted within the caretaking function of police and not in the pursuit of evidence. Consequently, we hold that the trial court's determination that an inventory search had not yet occurred in this matter is an error of law to which we are not bound.
Appellant's final issue with regard to her motion to suppress argues that the trial court should have suppressed Appellant's blood samples and test results obtained from Christiana Hospital in Delaware. Appellant's Brief at 19-24. According to Appellant, the police would not have known to ask for Appellant's blood samples and test results were it not for the illegal searches of Appellant's purse and vehicle, occurring on March 12, 2010 and March 15, 2010. Id. Therefore, Appellant argues that the blood samples and test results should have been suppressed as fruits of the poisonous tree. Id.
Therefore, in summary, we affirm the trial court's order denying Appellant's motion to suppress all three categories of evidence addressed in that motion: (1) the evidence discovered in the March 12, 2010 search of her vehicle and purse; (2) the evidence discovered as a result of the March 15, 2010 search of her vehicle; and (3) the medical records and blood samples obtained from Christiana Hospital.
Appellant's second issue on appeal argues that admission of expert testimony regarding her blood test results, without presenting testimony from the person who actually tested her blood, violated her Sixth Amendment right to confrontation. Appellant's Brief at 24-28. "Whether Appellant was denied [her] right to confront a witness under the confrontation clause of the Sixth Amendment is a question of law for which our standard of review is de novo and our scope of review is plenary." Commonwealth v. Yohe, 39 A.3d 381, 384 (Pa.Super.2012),
Our Court recently addressed application of the confrontation clause, explaining that:
Yohe, 39 A.3d at 385 (parallel citations omitted).
In Bullcoming v. New Mexico, ___ U.S. ___, 131 S.Ct. 2705, 180 L.Ed.2d 610 (2011), the United States Supreme Court applied its decision in Melendez-Diaz, and held that a laboratory report prepared for the defendant's drunken driving trial was testimonial in nature pursuant to the Sixth Amendment, and that the defendant's right to confrontation demanded that he have the right to cross-examine the analyst who prepared the report. See Bullcoming, 131 S.Ct. at 2713; see also Commonwealth v. Barton-Martin, 5 A.3d 363 (Pa.Super.2010), appeal denied, 612 Pa. 695, 30 A.3d 486 (2011) (same).
Citing Bullcoming and Melendez-Diaz, Appellant challenges the admission of the testimony of Dr. Richard Cohn, a forensic toxicologist, who offered expert opinion regarding the procedures that were used to test Appellant's blood and the results of those tests. Because Dr. Cohn did not physically test Appellant's blood, Appellant argues that admission of his testimony violated her Sixth Amendment right to confrontation as considered in Bullcoming and Melendez-Diaz. Appellant's Brief at 24-28.
Appellant, however, overlooks our Court's recent decision in Yohe. In Yohe, the defendant was charged with DUI, and the Commonwealth presented the testimony of toxicologist, Dr. Lee Blum to establish the results of the defendant's BAC test results. Yohe, 39 A.3d at 383. Dr. Blum testified that he authored the report of the analysis of the defendant's blood, but that he did not personally test the defendant's blood. Id. Indeed, the Commonwealth did not call the lab technician who physically performed the tests on the defendant's blood. Id. However, Dr. Blum testified that prior to authoring the report, he certified the test results submitted by the technician who performed the test. Id. at 387.
On appeal, the defendant in Yohe argued that, based upon precedent, including Melendez-Diaz, Bullcoming and Barton-Martin, the failure to present the analyst who physically performed the tests of his blood sample violated his Sixth Amendment
Yohe, 39 A.3d at 389-390 (citations to the record and footnote omitted).
Based upon the above reasoning, our Court in Yohe held that the trial court erred in excluding the blood alcohol report of Dr. Blum on the basis of the defendant's Sixth Amendment right to confrontation. Id.
Applying Yohe to this matter, we hold that the testimony of Dr. Cohn did not violate Appellant's Sixth Amendment right to confrontation. Indeed, similar to our analysis in Yohe, while Dr. Cohn did not perform the actual tests on Appellant's blood, he reviewed and analyzed the printouts from the various tests conducted by lab technicians. Upon completion of this review, Dr. Cohn authored the report with regard to Appellant's test results. Furthermore, Dr. Cohn responded to cross-examination regarding his certification and the basis for his conclusions. Consequently, Appellant's final issue on appeal is without merit.
Judgment of sentence affirmed.
FITZGERALD, J., files a Concurring Opinion.
I join the majority's disposition of Appellant's suppression challenge to the blood samples and test results obtained from the Delaware hospital, as well as her claim concerning the trial testimony of Dr. Cohn. However, while I agree with the affirmance of the trial court's rulings with respect to the cigar boxes seized from Appellant's purse and the cigar seized from her car at the tow yard, I would do so on different bases. Accordingly, I respectfully concur.
First, with respect to the search of Appellant's vehicle, found inside her car on the night and at the scene of the accident, I would distinguish the search of her purse from the search of the cigar boxes. I incorporate the facts set forth by the majority, and further note the following suppression hearing testimony.
Trooper Catherine Miller testified to the following. When asked "specifically why [she] and Trooper Martin went into [Appellant's] vehicle that night[,]" Trooper Miller responded that she was looking for Appellant's license,
Corporal Steven Ranck testified to the following. "Before the vehicle was towed from the scene," Troopers Miller and Trooper Martin advised him that they found two branded
On cross-examination, Corporal Ranck reiterated that he "had a suspicion" of drug use when Trooper Miller showed him the two cigar boxes, and that the boxes were "taken." Id. at 22, 33. When asked whether the police policy provided a time period in which an inventory search should or must be conducted, the corporal testified that he did not "believe there is a time limit ... off the top of [his] head." Id. at 37. However, Corporal Ranck cited an example: if an individual is arrested for DUI and will be taken into custody prior to towing the vehicle, the police "would be doing an inventory search in [the] vehicle" because at the time the tow truck operator takes the vehicle, it is no longer in police custody. Id. at 38.
At the suppression hearing, the Commonwealth cited section 3352 of the Pennsylvania Motor Vehicle Code as providing "any police agency the right to remove a vehicle from a scene under certain circumstances," including a crash blocking the
I agree with the majority that the initial entry into Appellant's vehicle, the limited search for her identification, and the seizure of her license from her purse were reasonable under an extension of the rationale in Commonwealth v. Johnson, 969 A.2d 565 (Pa.Super.2009)
With respect to the seizure of the cigar boxes, I again incorporate the facts set forth by the majority, and further note the following. Trooper Miller did not explain whether she or Trooper Martin had opened or otherwise manipulated the cigar boxes in order to conclude one was empty and one was missing one cigar. A search inside these boxes may not have been proper for determining Appellant's identification, as a cigar box would not be a usual place to store one's driver's license or identification. Furthermore, Trooper Miller did not testify as to which item in Appellant's purse was found first — her license or the cigar box with one missing cigar.
Nevertheless, I would hold simply that the cigar boxes and their contents would
Second, I would affirm the court's denial of suppression of the cigar found in Appellant's car at the tow yard, on the basis employed by the trial court. The majority cites Trooper Miller's stated purpose of entering the vehicle to obtain insurance and registration information and then holds that she was conducting an inventory search. I would hold that her intention — searching for insurance and registration information — was simply not related to the goals of an inventory search. See Commonwealth v. Nace, 524 Pa. 323, 571 A.2d 1389, 1391 (1990) (stating four goals underlie inventory searches: (1) protection of defendant's property while he is in custody; (2) protection of police against theft claims when defendant is given his property upon release; (3) protection of police from physical harm due to hidden weapons; and (4) when necessary, the establishment or verification of defendant's identity
For the foregoing reasons, I respectfully concur with the majority's disposition.
See Commonwealth v. Bailey, 986 A.2d 860, 862 (Pa.Super.2009), quoting Commonwealth v. Gonzalez, 979 A.2d 879, 890 (Pa.Super.2009).
The Commonwealth also cited Commonwealth v. Hennigan, 753 A.2d 245 (Pa.Super.2000), for authority that the police may "conduct an inventory search to protect the rights of the property owner from any loss [by] a road tow truck operator[,] someone on the street or ... anyone else." N.T. at 39.