Commonwealth v. Oppel
Commonwealth v. Oppel
Opinion of the Court
¶ 1 Appellant Robert C. Oppel was convicted of criminal mischief as a result of an incident in which mailboxes were damaged and stop signs were spray painted. Appellant was sentenced to pay a fine of $100 plus costs and restitution in the amount of $492.50. This direct appeal followed. We vacate the judgment of sentence, reverse the order denying suppression, and remand for a new trial.
¶ 2 On appeal, Appellant challenges the trial court’s denial of his motion to suppress on three grounds: (1) there was insufficient cause for the police to stop his vehicle; (2) the police never advised him of his Miranda rights; and (3) the police recorded his statements in violation of the Wiretap Act.
¶ 3 On the evening in question, Officer Sambolt responded to the scene of an alleged incident of criminal mischief. He obtained a description of the persons involved and the vehicle in which they were riding. He broadcast the description: a white older model Jeep Cherokee with wood grain paneling and two young white males in their teens or early twenties, with
¶ 4 Appellant first contends that the police did not have probable cause to stop his vehicle. Probable cause exists if the facts and circumstances within the knowledge of the police at the time of the stop are sufficient to justify a person of reasonable caution in the belief that the suspect has committed a crime. Commonwealth v. Clark, 558 Pa. 157, 735 A.2d 1248 (1999). Officer Klein received a radio broadcast describing the vehicle and people involved in the incident, i.e., a white older model Jeep Cherokee with wood grain paneling and two young white males with the passenger possibly wearing a white tee shirt. Appellant’s vehicle matched the description and there were two young white male occupants, Appellant and his passenger. Although the passenger was not wearing a white tee shirt, this minor discrepancy is insufficient to invalidate a finding of probable cause. See Commonwealth v. Vinson, 361 Pa.Super. 526, 522 A.2d 1155 (1987). (sufficient probable cause where auto matched description of dark blue Grand Prix with white pinstripes notwithstanding that neither appellant nor companion were wearing the outer coats also described in broadcast).
¶ 5 Appellant next contends that his statements made at the scene should be suppressed because he was not advised of his Miranda rights.
¶ 6 Clearly, Appellant was not at liberty to ignore the police and go about his business. Officer Klein told Appellant
¶ 7 Appellant’s final claim is that his statements should have been suppressed because they were obtained in violation of the Wiretap Act. Because we find the statements must be suppressed because of the lack of Miranda warnings, we need not discuss this claim. We note, however, that the Commonwealth concedes that these statements should have been suppressed. Appellee’s Brief at 5.
¶ 8 Judgment of sentence vacated. Order denying suppression reversed as to the statements made at the scene. Case remanded for new trial. Jurisdiction relinquished.
. Because the Commonwealth only introduced statements made when Appellant was taken back to the scene, and not any statements made either at the initial stop or later at Appellant's home, the issue on appeal is restricted to whether the statements made at the scene should have been suppressed. Appellant's Brief at 11.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.