HomeMy WebLinkAboutCP-21-CR-0872-2005
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DAVID S. OTTEN
NO. CP-21-CRIMINAL 0872 - 2005
IN RE: OPINION PURSUANT TO Pa. RA.P. 1925
Guido, J., May
, 2006
The defendant was convicted of various offenses after a bench trial before the
Honorable J. Wesley Oler, Jr. After the imposition of sentence the defendant filed this
timely appeal. The only issue raised on appeal is our alleged error in failing to grant the
defendant's motion to suppress evidence. 1
On September 12, 2005 we conducted an evidentiary hearing in connection with
the defendant's pretrial motion to suppress evidence. The sole issued raised by the
defendant was the appropriateness of the traffic stop? We will summarize the facts as we
found them to be.
At about 1 :30 a.m. on October 16, 2004 Officer Paula Mullen of the Middlesex
Township Police Department was on routine patrol when she encountered the defendant's
vehicle. She was stopped at a stop sign controlling the intersection of Enol a Road with
Spring Road in Middlesex Township. She saw the vehicle as it was heading northbound
on Spring Road. It only had one headlight. Further, it completely crossed the double
yellow line into the south bound lane before returning to its own lane of travel. The
officer followed the defendant for another mile before she pulled him over. During that
1 See "Concise Statement of Matters Complained of on Appeal".
2 Transcript of Proceedings, September 12, 2005, p. 4.
NO. CP-21-CRIMINAL 0872 - 2005
period of time she witnessed erratic driving which included "continuous weaving
between the lines, driving directly upon the yellow and white lines.,,3
Section 6308 (b) of the Vehicle Code authorizes police officers to effectuate a
traffic stop if they have "articulable and reasonable grounds" to suspect that the Vehicle
Code is being violated.4 When a violation of the vehicle code is at issue, the "articulable
and reasonable grounds" standard of Section 6308 (b) is the same as "probable cause."
Commonwealth v. Whitmyer, 542 Pa.545, 551, 668 A.2d 1113, 1116 (1995).
In the instant case, we were satisfied that the officer had probable cause to believe
that the defendant was in violation of Section 4303 (a) (relating to head lamps), as well as
Section 3301 (driving on right side of roadway) and 3309 (driving on roadways lined for
traffic) of the Vehicle Code.s Therefore, we found the traffic stop was proper and denied
the defendant's motion to suppress evidence.
DATE
Edward E. Guido, J.
Jaime Keating, Esquire
For the Commonwealth
Dean E. Reynosa, Esquire
F or the Defendant
:sld
3 Transcript of Proceedings, September 12, 2005, p. 10.
475 Pa. C.S.A. ~ 6308 (b).
575 Pa. C.S.A. ~ 4303 (a), 3301 and 3309.
2