HomeMy WebLinkAboutCP-21-SA-0204-2006
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.:
:
KRISTEN ANNE MILLER : NO. CP-21-SA – 0204 – 2006
:
:
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925
Guido, J., April , 2007
The defendant has filed this timely appeal from our order of March 6, 2007
finding her guilty of underage drinking and sentencing her to pay a fine of $50. On
appeal she alleges that we erred in denying her motion to suppress evidence. We will
summarize the facts as we found them to be.
On April 15, 2006 at about 2:00 a.m. State Trooper Rost and his partner were
responding to an alarm at a car dealership on Fayette Street in Shippensburg, Cumberland
County. On the way to the alarm, they noticed the defendant walking alone alongside the
roadway. Her gait was uneven and she was staggering. Since the alarm may have been
an indication that a felony was in progress, the troopers did not initiate an encounter with
defendant at that time.
The alarm was cleared without incident. As they entered their patrol car to leave,
Trooper Rost noticed the defendant walking on the other side of the road. He was aware
of all the residents in the area and knew that none of them were of defendant’s age. He
was also concerned about her staggering and uneven gate. He approached her 1) to see if
she was lost; 2) to see if she had some problem giving rise to her unusual gait; and 3) to
offer her a ride if she wished. This initial contact was nothing more than a mere
encounter (or request for information) for which no level of suspicion is necessary. See
Commonwealth v. Clinton, 905 A.2d 1026 (Pa.Super 2006).
As soon as the officer approached her, he noticed that she was visibly intoxicated.
In addition to her staggered gait, he noticed a strong odor of alcohol, slurred speech,
bloodshot glassy eyes and rosy cheeks. At that point, he felt that she was intoxicated to a
1
point that she was a “hazard to herself”. As he testified, he believed “she may have
2
fallen down, could have hurt herself, anything along those lines.”
Section 5505 of the crimes code provides in relevant part:
Public drunkenness and similar misconduct
A person is guilty of a summary offense if he appears in any public place
manifestly under the influence of alcohol . . . to the degree that he may
endanger himself or other persons or property, or annoy persons in his
3
vicinity.
We were satisfied that based upon his observations at the initial encounter, Trooper Rost
had the requisite probable cause to detain her for a violation of that section. Therefore,
4
we denied her motion to suppress the evidence obtained thereafter.
___________________ _______________________
DATE Edward E. Guido, J.
Michelle H. Sibert, Esquire
For the Commonwealth
Mark F. Bayley, Esquire
For the Defendant
1
Transcript of Proceedings, p. 7.
2
Transcript of Proceedings, p. 7.
3
18 Pa. C.S.A. Section 5505.
4
The trooper requested her identification which showed that she was under 21 years old.