HomeMy WebLinkAboutCP-21-CR-0759-2008
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
PERRY WAYNE FELTS : CP-21-CR-0759-2008
IN RE: MOTION TO SUPPRESS EVIDENCE
OPINION AND ORDER OF COURT
Bayley, J., August 11, 2008:--
Defendant, Perry Wayne Felts, is charged with driving under the influence –
st
1
general impairment, (1), driving under the influence – general impairment, (.08 -
stst
23
.10%), (1), driving under the influence, controlled substance (1), and unlawful
4
possession of drug paraphernalia. He filed a motion to suppress evidence upon which
a hearing was conducted on August 5, 2008. We find the following facts:
1. On January 13, 2008, defendant was driving a vehicle in Middlesex
Township, Cumberland County.
2. Defendant passed Officer Andy Wolf of Middlesex Township who saw that
the vehicle had an invalid inspection sticker and a broken window. The officer
activated his patrol car lights and stopped behind the vehicle when defendant drove it
__________
1
75 Pa.C.S. § 3802(a)(1).
2
75 Pa.C.S. § 3802(a)(2).
3
75 Pa.C.S. § 3802(d)(1)(i)-(iii), (2),(3),(4).
4
35 P.S. § 780-113(a)(32).
CP-21-CR-0758-2008
into the
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CP-21-CR-0758-2008
parking lot of a business and stopped.
3. After obtaining defendant’s cards, and while standing outside defendant’s
vehicle, Officer Wolf smelled a burnt controlled substance coming from inside the
vehicle.
4. Officer Wolf sought and obtained defendant’s voluntary consent to search the
vehicle.
5. From inside the passenger compartment, Officer Wolf seized what he
believed to be burnt marijuana in a pipe, and a pair of fine pointed scissors that he
believed was drug paraphernalia.
6. Defendant immediately said that the items seized were his and that he was
using marijuana.
7. Defendant displayed well recognized signs of intoxication.
8. Defendant was arrested and transported to the Carlisle Regional Medical
Center where a sample of his blood was drawn.
Defendant avers that all evidence obtained by Officer Wolf must be suppressed
because he “was unlawfully detained and while unlawfully detained his consent to
search the automobile that he was driving was coerced by his unlawful detention and
by the improper interrogation.” Defendant was not unlawfully detained. He was legally
stopped for the two summary motor vehicle violations that Officer Wolf observed. Right
after the officer obtained defendant’s cards, he smelled an odor of a burned controlled
substance from inside the vehicle. That alone constituted probable cause to search
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CP-21-CR-0758-2008
Commonwealth v. Stainbrook
inside the vehicle. See , 324 Pa. Super. 410 (1984).
5
Furthermore, defendant voluntarily consented to the search of the vehicle. The
seizure of evidence was legal and the statements made by defendant immediately after
the seizure are admissible against him. Additionally, Officer Wolf had probable cause
to arrest defendant for driving under the influence, and then having blood drawn that
defendant consented to after being advised of his rights under the Implied Consent law.
For the foregoing reasons, the following order is entered.
ORDER OF COURT
AND NOW, this day of August, 2008, the motion of defendant to
IS DENIED.
suppress evidence,
By the Court,
Edgar B. Bayley, J.
Daniel Sodus, Esquire
For the Commonwealth
John Sugars, Esquire
For Defendant
:sal
__________
5
Defendant testified at the suppression hearing that he voluntary consented to the
search.
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COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
PERRY WAYNE FELTS : CP-21-CR-0759-2008
IN RE: MOTION TO SUPPRESS EVIDENCE
ORDER OF COURT
AND NOW, this day of August, 2008, the motion of defendant to
IS DENIED.
suppress evidence,
By the Court,
Edgar B. Bayley, J.
Daniel Sodus, Esquire
For the Commonwealth
John Sugars, Esquire
For Defendant
:sal