PA Superior Court: Police May Not Prolong Traffic Stop by Asking Unrelated Questions About Guns
Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Superior Court has decided the case of Commonwealth v. Malloy, holding that the police may not prolong a traffic stop to go on a fishing expedition regarding whether the passenger in the vehicle has a license to carry a firearm. This case is significant because police officers will routinely extend traffic stops to see if they can find evidence of additional crimes. The decision in Malloy provides a powerful check to this intrusive process by the police.
Commonwealth v. Malloy
A Philadelphia Police officer was on routine patrol when he noticed an automobile that did not have a license plate. The officer activated his lights and sirens and pulled the vehicle over. As he walked towards the vehicle, he noticed that there was a license tag on the car’s rear windshield, but it was not properly displayed and secured. This was a violation of the Pennsylvania Motor Vehicle Code. The officer also noticed that there were several occupants within the car, including the defendant, who was seated in the rear behind the driver. The officer approached the driver and told him that he did not have a license plate on the back, to which the driver responded that he just got the car two days prior and still needed to get screws for the license plate. The officer seemed satisfied with this explanation and did not issue the driver a citation.
The officer then asked the defendant to roll down the passenger window. He asked the defendant for identification, and the defendant responded by pulling a lanyard out from his hooded sweatshirt. When the officer saw the lanyard, which suggested the defendant worked as a security guard, he immediately asked the defendant if he had a firearm on him. In the officer’s experience, it was common for people who worked in armed security positions at local bars to keep their identification badges in lanyards. The defendant responded that he did have a firearm because he worked in a security position at a local bar. The officer then asked where the firearm was, to which the defendant responded that it was on his right hip.
At that point, the officer asked the defendant to give him the firearm and to exit the vehicle so that he could secure the firearm before continuing his investigation. The defendant was then asked for his “identification documents.” The defendant gave him his “Act 235” card, but the card had expired. The defendant then told the officer that he had another card at his home. The officer then proceeded to contact the Pennsylvania State Police where it was determined that the defendant’s certification had actually expired. The defendant was subsequently arrested and charged with possession of a firearm without a license and carrying a firearm on a public street in Philadelphia.
Prior to trial, the defendant filed a motion to suppress to suppress the firearms and the statements made to the officer. At his suppression hearing, the above facts were entered into the record. At the conclusion of the hearing, the trial court denied the defendant’s motion to suppress. The defendant then entered into a stipulated trial where he was found guilty of both charges. At his sentencing hearing, the defendant was sentenced to five years of reporting probation. The defendant then filed a timely appeal. On appeal, the defendant argued that his statements and firearm should have been suppressed because the police illegally prolonged a routine traffic stop to conduct an unrelated investigation into whether he was legally allowed to carry a firearm.
The Pennsylvania Superior Court’s Decision
The Pennsylvania Superior Court reversed the trial court’s denial of the defendant’s motion to suppress. In making its decision, the Superior Court reviewed prior appellate decisions including United States Supreme Court (“SCOTUS”) decisions. Specifically, the Superior Court reviewed Rodriguez v. United States, where SCOTUS held that when the police stop a vehicle for a motor vehicle violation, the stop may “last no longer than is necessary to effectuate that purpose.” In Rodriguez, SCOTUS did say that police officers are also allowed to ask a driver for his driver’s license, determining whether there are outstanding warrants against the driver, inspecting the automobile’s registration and proof of insurance, and other questions that are “aimed at ensuring the safe and responsible operation of vehicles on the highway.”
However, the Superior Court found that asking for a passenger’s documented authority to carry a firearm was not a permitted incidental inquiry during a traffic stop. Further, the Superior Court held that just because the defendant admitted to possessing a firearm did not mean that the officer was justified in prolonging the traffic stop to detain and investigate the defendant. The Superior Court cited the Pennsylvania Supreme Court decision Commonwealth v. Hicks, in which the PA Supreme Court held that the police cannot detain and investigate an individual simply because he is possessing a firearm. Further, the record at the defendant’s motion to suppress did not show any evidence that he was involved in any criminal activities or had engaged in any furtive movements. As such, the officer was not lawfully justified in detaining and investigating the defendant. Therefore, the denial of the defendant’s motion to suppress is vacated as well as his conviction. The defendant will get a new trial where the Commonwealth will not be allowed to use the firearm or the statements made to the police against him.
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