PA Superior Court Allows Detention of Motorist Based on Nervousness, Travel to Philadelphia, and Criminal Record

Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Superior Court has decided the case of Commonwealth v. Galloway, holding that a state trooper did not unlawfully prolong a traffic stop because the defendant was acting nervous and also admitted that he had just left Philadelphia. This decision is extremely troubling because it suggests that people who travel to Philadelphia have fewer rights than those who do not, and the level of suspicion here was very low. It remains possible that the decision could be reversed in further proceedings.

Commonwealth v. Galloway

A Pennsylvania State Trooper was on highway patrol when he pulled over a black Honda Civic for traveling 64-mph in a 55-mph zone. The defendant was in the passenger seat. While the trooper was conducting the traffic stop, the dashcam video picked up a car in the left bound passing lane passing the trooper and the driver’s vehicles. Because of the location of the stop, the trooper approached the passenger side window of the vehicle so that he was not so close to the traffic. 

As the trooper approached, he noticed that both the defendant and the driver were acting nervous. Specifically, the defendant was not making eye contact with him and was sweating profusely. The trooper thought it was suspicious that the defendant was sweating so much because it was very cold at the time. The trooper then told the driver why he pulled him over and asked for his information. He also asked the defendant for his identification, to which the defendant told him he did not have any on him. The defendant provided him with his information verbally, and when the trooper ran the defendant’s information, he learned that the defendant “had a lengthy criminal history involving drug dealing out of the state of Delaware.” 

The trooper informed the driver that he would be letting him go with just a warning, but he did not return his driver’s license to him. The trooper then continued to question the defendant and the driver as to where they were driving from, what they were doing, and the reason why the defendant was sweating so much. Both the driver and the defendant told the trooper that they just left Philadelphia where they got cheesesteaks on South Street. The trooper would later testify that based on his experience, he knew that Philadelphia was a hub for narcotics distribution. As such, the trooper asked the defendant to step out of the car and when he did, the trooper noticed a marijuana bowl in the center console of the car. The trooper then conducted a vehicle search of the car and found 1,575 bags of heroin on the floor. Both the driver and the defendant were arrested and read their Miranda rights.

The defendant was subsequently charged with possession with intent to deliver a controlled substance (“PWID”), possession of a controlled substance, and possession of drug paraphernalia. The defendant then filed a pre-trial motion to suppress the contraband found in the vehicle because of “the prolonged nature of the detention was illegal in that it went well beyond the reason for the traffic stop itself...and was not supported by a reasonable suspicion.” In other words, the defendant argued that the trooper unlawfully extended the traffic stop. The trial court held a hearing, agreed with the defendant, and granted the defendant’s motion to suppress. The trial court held that the “[t]rooper…was not presented with sufficient particularized facts to constitute the reasonable suspicion required to continue detaining [the driver] and [the defendant] past the point of writing a speeding ticket or issuing a warning.” The Commonwealth then filed an interlocutory appeal.  

The Pennsylvania Superior Court’s Decision  

The Pennsylvania Superior Court reversed the trial court’s suppression order. The Superior Court found that, when viewing the totality of the circumstances, that the trooper “possessed the requisite reasonable suspicion to extend the traffic stop to investigate his concerns that [the defendant] and the driver were engaged in criminal activity.” According to the Superior Court, the trooper had reasonable suspicion to prolong the stop because: the defendant traveled to Philadelphia, Philadelphia has a reputation for narcotics sales, the defendant was acting nervous, and his prior criminal history. Therefore, the trial court’s suppression order is reversed and the Commonwealth will be able to use the drugs and paraphernalia against the defendant at his trial. 

Clearly, the evidence supporting the stop in this case was thin. It is not criminal to travel to Philadelphia, and it is not unusual to be nervous when dealing with the police even if you have not done anything wrong. The Court seems to have heavily emphasized the defendant’s excessive nervousness and criminal history, but as the defendant was not on probation or parole, the criminal history should not have resulted in any lesser rights against a search or seizure. This case also fails to follow other recent cases in which the Superior Court has unequivocally held that nervousness alone is not enough to justify a search of a vehicle. Under current law, however, the troopers would have needed to obtain a search warrant prior to conducting the search. That was not the state of the law at the time of the motion, however, so the defendant failed to raise that issue. Accordingly, the Court upheld the validity of the search and remanded the case for trial.

Facing Criminal Charges? We Can Help. 

Criminal Defense Lawyer Zak T. Goldstein, Esquire

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.