Commonwealth v. Petroll
Commonwealth v. Petroll
Dissenting Opinion
dissenting.
Harmless error can only be found where the appellate court is convinced beyond a reasonable doubt that “the properly admitted and uncontradicted evidence of guilt was so overwhelming and the prejudicial effect of the error was so insignificant by comparison that the error could not have contributed to the guilty verdict.” Commonwealth v. Hawkins, 549 Pa. 352, 701 A.2d 492, 507 (1997) (emphasis added).
The Commonwealth made extensive use of the logbook and the contents of the bags, along with expert testimony interpreting the information contained therein. In closing, the prosecutor argued at length that the jury should infer from this evidence that the Appellant was fatigued from failing to rest for the required periods between trips. Based on my examination of the record, I cannot agree with the majority’s conclusion that the error in admitting the improperly seized bags and logbook was harmless beyond a reasonable doubt. Accordingly, I would reverse the judgment of sentence and remand for a new trial.
Concurring Opinion
concurring.
The majority holds that the trial court erred in admitting the driver’s logbook, a bank bag containing toll receipts and a bag containing shipping invoices taken from a wrecked tractor trailer on a state highway at an accident scene because the search was unreasonable and not justified under any exception to the warrant requirement for search and seizure. I disagree that the trial court erred in admitting these items, but I concur in the majority’s affirmance of the Superior Court’s decision on different grounds.
The majority’s conclusion that the search here was unlawful strains logic. Section 4704(a)(3) of the Motor Vehicle Code, 75 Pa.C.S. § 4704(a)(3), clearly authorizes a police officer who has probable cause to believe that a vehicle or driver is unsafe to inspect the vehicle, driver or required documents. The majority would have this authority extend only to the prevention of future harm but not to the investigation of harm which has already occurred. A reading of section 4704(a)(3) which requires that the harm has not yet come to pass is hypertechnical at best. In the case sub judice, the police officers arrived at the scene of a horrific traffic accident with a family of three burned beyond recognition. Based upon their observations of the accident scene (the lack of significant skid marks prior to the point of impact) and the statements of witnesses to the accident, the responding officers clearly had probable cause to believe that the truck and driver involved were unsafe. Thus,
Section 6308(b) of the Motor Vehicle Code, 75 Pa.C.S. § 6308(b), also permits a police officer to inspect information necessary to enforce the provisions of the Code where the officer has reasonable grounds to suspect a violation of the Code. It is hard to fathom more reasonable grounds to suspect a violation than the gruesome scene that greeted the officers investigating this accident. Thus, section 6308(b) provides further justification for the search which revealed the logbook and bags.
Both section 4703(a)(3) and section 6308 allow the inspection of logbooks and other documents under circumstances far less extreme than those present in the instant case. Therefore, it is non-sensical that these sections would prevent the inspection of these same documents after an accident has occurred. An accident should not, of itself, invoke a heightened privacy interest simply by virtue of its occurrence even if, by chance, criminal charges may be lodged. Public safety is the overriding interest at stake on public highways in this Commonwealth. Accordingly, commercial vehicle operators traveling the state’s highways have a limited expectation of privacy in the required documents that the majority now suppresses. The legislature has determined that the overriding concern for public safety is best served by permitting the inspection of logbooks and other documents required to be kept by commercial haulers without a warrant either before or after an accident, and I believe that the trial court properly admitted the evidence.
Opinion of the Court
FACTS AND PROCEDURAL HISTORY
On May 15, 1996, a jury found Fredrick W. Petroll (Appellant) guilty of three counts of homicide by vehicle,
On April 21,1995 at 3:35 p.m., Appellant, in his employ as a commercial truck driver, was operating a tractor-trailer on Route 30 in Manheim Township, Lancaster County. Although the traffic had stopped on Route 30, Appellant drove his truck into the rear of a Chevrolet Lumina driven by Douglas Harsh, and also occupied by his wife, Connie Harsh, and their infant son, Tyler Harsh. The initial collision resulted in a chain reaction involving three other vehicles. The impact from Appellant’s truck caused the Harsh vehicle to burst into flames. The Harsh family was unable to escape the mangled vehicle, which had become engulfed in fire. At the accident scene, Dr. Barry Walp, the Lancaster County Coroner, pronounced the three occupants dead. Dr. Wayne Ross, the Lancaster County Forensic Pathologist, performed autopsies
Officer Jeffery Jones was the first officer to arrive at the accident scene. He testified at the suppression hearing that, based on his observations and his training in advanced accident investigations, he immediately suspected that excess speed was an issue. (N.T. Suppression Hearing, 5/6/96, at pp. 66-67). Officer Jones also testified at the trial as an expert in accident reconstruction. After considering the condition of the road and the height of the vehicle, Officer Jones concluded that Appellant should have seen the stopped traffic from a distance of 1500 feet. (N.T. Trial, 5/13/96, at pp. 416-17). Appellant’s tractor-trailer left skid marks of 96.5 feet before colliding with the Harsh vehicle and about seventy (70) feet of skid marks after impact. (N.T. Trial, 5/13/96, at pp. 393, 409-10). Based on the length of the skid marks, Officer Jones concluded that Appellant applied his brakes, or his brakes responded, when the front of Appellant’s truck was only thirty-six (36) feet from the Harsh vehicle. (N.T. Trial, 5/13/96, at p. 410). Initially, Officer Jones determined that Appellant was speeding more than seventy (70) miles per hour, but he recalculated his estimate to opine that Appellant was driving at least fifty-two (52) miles per hour in an area governed by a speed limit of fifty (50) miles per hour. (N.T. Trial, 5/13/96, at pp. 407, 437-49). Even with the revised calculation, Appellant would have started his skid less than one second before colliding with the victims’ vehicle. (N.T. Trial, 5/13/96, at pp. 410-11).
Besides hearing Officer Jones’s opinion concerning Appellant’s possible speeding and carelessness, the jury heard testimony from other witnesses that provided evidence of Appellant’s guilt. Carla Cwynar, a medical technician who responded to the accident, testified that while she was treating Appellant at the accident scene, he admitted to her that he fell asleep at the wheel, awoke moments before the collision, and could not stop the truck in time.
The trial court also admitted physical evidence introduced by the Commonwealth, which the police had seized from the tractor-trailer. Responding to a dispatch, Sergeant Dale McCurdy arrived at the accident scene. The victim’s car was still ablaze, and Appellant’s tractor-trailer was on the road but facing the median and on an incline. The officer approached the truck to assure that the emergency brake was set. When he got within three (3) to five (5) feet of the tractor-trailer, he observed a radar detector attached to the dashboard, which caught his attention because he was aware that federal law prohibits commercial drivers from using or possessing radar detection devices. (N.T. Suppression Hearing, 5/6/96, at p. 29; N.T. Trial, 5/10/96, at p. 235); see 49 C.F.R. § 392.71. See also 67 Pa.Code §§ 229.181, 231.181 (incorporating by reference 49 C.F.R. § 392.71). Sergeant McCurdy entered the cab and set the emergency brake, but he did not seize the radar detector.
Unaware that Sergeant McCurdy had already set the emergency brake, Sergeant Gary Metzger testified that he also entered the cab to set the brake, look for missing or broken components, and to obtain any documents that state or federal law requires drivers to maintain. (N.T. Suppression Hearing, 5/7/96, at pp. 114-15; N.T. Trial, 5/10/96, at pp. 245-46). Sergeant Metzger discovered and seized a driver’s logbook, a bank bag, which contained toll receipts, and a brown bag, which contained shipping invoices and other documents. (N.T.
Appellant moved to suppress the seized evidence, which the suppression court denied. The trial court admitted the items as relevant evidence to prove that Appellant was guilty of homicide by vehicle. To establish homicide by vehicle, the prosecution must show beyond a reasonable doubt that the person “unintentionally cause[d] the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3731 (relating to driving under the influence of alcohol or controlled substance) ... when the violation is the cause of death.” 75 Pa.C.S.A. § 3732. The prosecution used the seized items to show that violations of state law by Appellant resulted in the deaths of the victims.
The admissibility of the testimony of the Commonwealth’s accident reconstructionist, the medical technician, and the three eye witnesses is not before us. We have granted review of this case solely to determine whether the trial court erred in denying Appellant’s motion to suppress the evidence seized from Appellant’s tractor-trailer during the course of the two warrantless searches.
ANALYSIS
When we review the ruling of a suppression court, we must ascertain whether its factual findings are supported by the record and whether the inferences and legal conclusions drawn from those facts are reasonable. Commonwealth v. Lewis, 535 Pa. 501, 504, 636 A.2d 619, 621 (1994). Where the defendant challenges an adverse ruling of the suppression court, we will consider only the evidence for the prosecution and whatever evidence for the defense that remains uncontradicted in context of the whole record. Id. If there is support on the record, we are bound by the facts as found by the
Article I, Section 8 of the Pennsylvania Constitution
Radar Detector
If a police officer views an object from a lawful vantage point, and the incriminating nature of the object is immediately apparent to the officer, a warrantless seizure of the object is justified. Commonwealth v. Ellis, 541 Pa. 285, 297, 662 A.2d 1043, 1049 (1995). There can be no reasonable expectation of privacy in an object that is in plain view. To judge whether the incriminating nature of an object was immediately apparent to the police officer, reviewing courts must consider the totality of the circumstances. Id. (citing Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)).
The Superior Court correctly stated why it was reasonable for Officer Jones to seize the radar detector.
[T]he officer viewed the radar detector on the truck’s dashboard from his lawful vantage point outside of the truck. He immediately recognized that possession of a radar detector constitutes a violation of federal law. 49 C.F.R. § 392.71 (“No driver shall use a radar detector in a com*577 mercial motor vehicle, or operate a commercial motor vehicle that is equipped with or contains any radar detector”). See also 67 Pa.Code §§ 229.181, 231.181 (incorporating by reference 49 C.F.R. § 392.71); 67 Pa.Code § 229.3 (incorporating by reference 49 C.F.R. § 390.5 (relating to definition of radar detector)). The incriminating nature of the evidence was, therefore, immediately apparent to the officer. Accordingly, the warrantless seizure of the radar detector at that point would have been permissible under the plain view doctrine. We are not persuaded that the seizure became impermissible because it was delayed until a time when the truck was impounded.
Commonwealth v. Petroll, 696 A.2d 817, 825 (Pa.Super. 1997) (case citation omitted). Sergeant McCurdy testified that he saw the radar detector from the median of the road,
Logbook and Two Bags
To support the propriety of the seizures and searches of the logbook, bank bag, and brown bag, the Commonwealth avers that because the trucking industry is a closely regulated industry, commercial drivers have a lesser expectation of privacy in their vehicles and their contents. Its argument follows that the police officers conducted proper seizures and searches of Appellant’s logbook and two bags pursuant to a statutory scheme to promote the safe operation and maintenance of his commercial vehicle.
First there must be a “substantial” government interest that informs the regulatory scheme pursuant to which the inspection is made....
Second, the warrantless inspection must be “necessary to further [the] regulatory scheme----”
*579 Finally, “the statute’s inspection program, in terms of the certainty and regularity of its application, [must] provid[e] a constitutionally adequate substitute for a warrant.” In other words, the regulatory statute must perform the two basic functions of a warrant: it must advise the owner of the commercial premises that the search is being made pursuant to the law and has a properly defined scope, and it must limit the discretion of the inspecting officers.
Burger, 482 U.S. at 702-703, 107 S.Ct. at 2644 (citations omitted).
Courts should treat a business as closely regulated, if the statutes and regulations governing it are “sufficiently comprehensive and defined, so that the owner of commercial property cannot help but be aware that his property will be subject to periodic inspections undertaken for specific purposes.” Id. at 705 n. 16, 107 S.Ct. at 2645 n. 16 (quoting Donovan, 452 U.S. at 600, 101 S.Ct. at 2539). We agree with the trial court and the Superior Court that trucking is a closely regulated industry. See Commonwealth v. Pollock, 414 Pa.Super. 66, 78, 606 A.2d 500, 506 (1992), alloc. denied, 533 Pa. 618, 619 A.2d 700 (1993); Commonwealth v. Berry, 305 Pa.Super. 8, 12-14, 451 A.2d 4, 6-7 (1982); V-1 Oil Co. v. Means, 94 F.3d 1420, 1425-26 (10th Cir. 1996); United States v. Dominguez-Prieto, 923 F.2d 464, 468 (6th Cir.), cert. denied, 500 U.S. 936, 111 S.Ct. 2063, 114 L.Ed.2d 468 (1991). See also United States v. Shaefer, Michael and Clairton Slag, Inc., 637 F.2d 200 (3d. Cir. 1980) (suggesting that trucking industry in Commonwealth is closely regulated industry but reversing on other grounds). The trial court and the Superior Court cite a variety of state and federal statutes and regulations to support their conclusion but primarily rely on a chapter of the Motor Vehicle Code entitled “Inspection of Vehicles.” 75 Pa.C.S. § 4701 et seq. The courts examined the following provisions of Section 4704 of the Motor Vehicle Code, which provide in relevant part:
§ 4704. Inspection by police or Commonwealth personnel (a) Authority to inspect.—
*580 (3) Probable cause.—
(i) Any State Police officer or qualified Commonwealth employee having probable cause to believe that a vehicle, driver, documents, equipment or load are [sic] unsafe, not equipped as required or otherwise not in compliance with the law or regulations may inspect the vehicle, driver, documents, equipment or load.
(ii) Any police officer having probable cause to believe that a vehicle or its equipment is unsafe, not equipped as required or otherwise not in compliance with the law or regulations may inspect the vehicle or its equipment.
(d) Authority of police and qualified Commonwealth employees. — Any police officer or qualified Commonwealth employee shall be authorized to detain and inspect any sealed or unsealed vehicle, container or shipment which they have probable cause to believe may be in violation of the law or Commonwealth regulations while in transit or in maintenance facilities, terminals or other public or private property to ascertain if commodities or materials are being unloaded, stored or transported in an illegal manner; to inspect contents; to.inspect and copy documents and otherwise to ensure compliance with the law and Commonwealth regulations, except that only State Police and qualified Commonwealth employees shall have the authority to enforce any law or regulation pertaining to drivers, including, but not limited to, minimum driver qualifications, maximum hours of service and driver records, or pertaining specifically to hazardous materials.
75 Pa.C.S. § 4704(a)(3), (d). See also 67 Pa.Code § 229.364 (implementing 75 Pa.C.S. § 4704). The trial court also cited Section 6308(b) of the Motor Vehicle Code, which provides:
Whenever a police officer is engaged in a systematic program of checking vehicles or has articulable and reasonable grounds to suspect a violation of [the Motor Vehicle Code] he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle’s registration, proof of financial responsibility, vehicle identification number or en*581 gine number or the drivers license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of [the Motor Vehicle Code].
75 Pa.C.S. § 6308(b). Based on the observations made by the police at the accident scene, the trial court found that the police had a reasonable and articulable suspicion to believe that Appellant had violated the Motor Vehicle Code by driving at an excessive speed. This suspicion permitted the police to obtain from the already stopped tractor-trailer Appellant’s registration, license, proof of insurance, and information related to speeding.
State and federal regulations require drivers of commercial vehicles to maintain and possess a logbook, which details, among other information, the driver’s daily time and mileage of travel for one week. 67 Pa.Code § 229.343; 49 C.F.R. § 395.8. See also 75 Pa.C.S. § 6103(c) (authorizing Penn. D.O.T. to adopt federal statutes or regulations relating to vehicles or drivers). The Commonwealth has adopted the federal rule, setting a maximum time allowable for commercial driving. 67 Pa.Code § 229.341; see 49 C.F.R. § 395.3 (establishing driving time limits).
Our first step is to analyze the specific statutory scheme regulating the trucking industry to comprehend whether it advances a substantial government interest. The prosecution contends that requiring the maintenance of logbooks and allowing the inspection of logbooks and other driver documents promotes safe travel throughout the Commonwealth. There can be no dispute that the Commonwealth has a substantial interest in regulating the trucking industry for public safety.
The second question of the Burger test is whether every warrantless inspection of a driver’s logbook and related documents serves to protect drivers or passengers from the dangers associated with exhaustion, overweight loads, or failing equipment. Additional scrutiny of Section 4704 reveals that the legislature did not intend to authorize the police to conduct searches without warrants of the contents of every commercial vehicle involved in a traffic violation. The trial court and Superior Court erred by analyzing some parts of the inspection statute, while ignoring other parts. When interpreting one section of a statute, courts must not read that section without reference to the other sections. 1 Pa.C.S. § 1922; Cellucci v. General Motors Corporation, 550 Pa. 407, 414, 706 A.2d 806, 809 (1998). Subsection 4704(a)(1) gives police and officials “engaged in weighing vehicles” the authority to inspect a vehicle’s equipment to determine whether the vehicle meets weight and load requirements. 75 Pa.C.S. § 4704(a)(1). Subsection 4704(a)(2) authorizes police and officials “engaged in a systematic inspection program” to inspect vehicles, drivers, documents, equipment, and load to ascertain compliance with Penn D.O.T. regulations. 75 Pa.C.S. § 4704(a)(2).
Viewed in its entirety, Section 4704 is intended to allow police or other authorities to inspect vehicles for ongoing violations of the Motor Vehicle Code to prevent future harm. Section 4704(a)(1) enables the police to stop and inspect tractor-trailers to avert potential accidents. Similarly, Section 4704(a)(2) permits police or other qualified state officials to execute an established vehicle inspection program. Such an inspection program attempts to remove unsafe vehicles from the roadways before an accident occurs. Cf. Pollock, 414 Pa.Super. 66, 78, 606 A.2d 500, 506 (holding that 75 Pa.C.S. § 4981(a) and 75 Pa.C.S. § 6308(b) permit police to stop,
Likewise, Section 6308(b) cannot authorize an administrative search without a warrant of the items seized in the present facts. Section 6308(b) provides that when an officer has reasonable and articulable suspicion of a Motor Vehicle Code violation, he may stop the vehicle involved for the purpose of “checking” specifically enumerated documents or “to secure” other information that he believes is reasonably necessary to enforce the Motor Vehicle Code. 75 Pa.C.S. § 6308(b). While this statute permits the police to make an investigatory stop in light of an articulable and reasonably perceived violation and request specific documents, such as a registration and license, it does not give the police unlimited discretion to search a vehicle or driver for evidence of a crime. Accordingly, we conclude that Section 6308(b) does not empower the police, who are investigating a commercial driver for vehicular homicide, possibly caused by speeding, to conduct a warrantless search of his logbooks or other documents, which are kept to detail hours and expenses of operation.
To appreciate the reasonableness of a general search, courts must balance the individual’s expectation in privacy against the government’s compelling interests, such as public safety. See Commonwealth v. Cass, 551 Pa. 25, 53-55, 709 A.2d 350, 364-5, cert. denied, Cass v. Pennsylvania, — U.S.-, 119 S.Ct. 89, 142 L.Ed.2d 70 (1998). Warrantless administrative searches of logbooks and travel-related receipts of commercial drivers who have been involved in accidents do not further the statutory scheme of inspecting commercial vehicles and drivers for weight, equipment, and load violations. The Commonwealth argues that inspections without warrants
The closely regulated business exception to the probable cause and warrant requirements is not applicable in criminal cases. The police cannot conduct a warrantless administrative search to advance a criminal investigation under the pretext of addressing a specific, compelling governmental interest advanced by a statutory scheme. See Slaton, 530 Pa. at 214, 608 A.2d at 8; Commonwealth v. Hudak, 710 A.2d 1213, 1217 (Pa.Super. 1998); Burger, 482 U.S. at 717 n. 27, 107 S.Ct. at 2651 n. 27 (finding no evidence that administrative search was pretext to locate evidence of crime).
The facts in this case, however, suggest that the police used Section 4704 or 6308(b) of the Motor Vehicle Code as a pretext to conduct a search to advance their criminal investigation of Appellant. We agree with the Superior Court that the officers were legitimately present at the accident scene to both secure the area and investigate the possible causes of the collision. Furthermore, the length of the skid marks, indicating a failure to brake in a timely manner, and the clarity of the day gave the police sufficient reason to enter the empty truck to check the emergency brake and related equipment. Yet, the exigent circumstances that allowed the officers to enter the truck for the limited purpose of checking equipment to prevent further harm did not permit the police to seize and search Appellant’s logbook and two bags.
It is also the position of the Commonwealth that if the police had to obtain a warrant before inspecting the documents at issue, truck drivers might alert noncompliant drivers of impending inspections, giving them an opportunity to update or alter their records, which would frustrate the regulatory requirements. See Burger, 482 U.S. at 710, 107 S.Ct. at 2648; Donovan, 452 U.S. at 603, 101 S.Ct. at 2540; United States v. Dominguez-Prieto, 923 F.2d at 469. It is specious to think that, having just been involved in a collision, one commercial driver will warn others to revise their logbooks because the police are checking documents of truck drivers involved in accidents.
Because the searches and seizures of the logbook and two bags were not necessary to further a statutory scheme established by the Commonwealth or federal law, we hold that the closely regulated business exception to the warrant requirement does not apply to the facts in this case. The trial court erred by not suppressing that evidence.
Harmless Error
Once a reviewing court has decided that admitted evidence should have been suppressed, it must determine beyond a reasonable doubt whether the error was harmless. Where the error is harmless, a new trial is not warranted. Harmless error exists if the reviewing court is convinced from the record that (1) the error did not prejudice the defendant or the prejudice was de minimis, (2) the erroneously admitted evidence was merely cumulative of other untainted evidence, or (3) the properly admitted and uncontradicted evidence of guilt was- so overwhelming and the prejudicial effect of the error was so insignificant by comparison that the error could not have contributed to the guilty verdict. Commonwealth v. Hawkins, 549 Pa. 352, 382, 701 A.2d 492, 507 (1997), cert. denied, Hawkins v. Pennsylvania, 523 U.S. 1083, 118 S.Ct. 1535, 140 L.Ed.2d 685 (1998).
We affirm the order of the Superior Court.
. 75 Pa.C.S.A. § 3732.
. 75 Pa.C.S.A. § 3361.
. 75 Pa.C.S.A. § 3714.
. The medical technician did not inform the police of Appellant’s admission until one (1) week after the accident. (N.T. Suppression Hearing, 5/6/96, at 44-45).
. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant. Pa. Const, art. 1, § 8.
. The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. U.S. Const, amend. IV.
. Despite undisputed facts on the record that Sergeant McCurdy first viewed the radar detector from the road, the trial court stated that he originally saw the apparatus when he entered the truck’s cab. Trial Court Opinion, 11/7/96, at pp. 4-5. Regardless of whether Sergeant McCurdy was on the road or in the cab when he observed the radar detector, he was legitimately at both places.
. Although there are other exceptions to the warrant requirements of Article 1, Section 8 and the Fourth Amendment, the Commonwealth
. In 1997 in Pennsylvania, there were 1557 vehicular fatalities, and 196 of those deaths involved tractor-trailers. National Highway Transportation and Safety Administration, Fatality Analysis Reporting System, Query Wizard, Total Fatalities by Posted Speed Limit and Rural vs. Urban (visited on July 19, 1999) http://wwwfars.nhtsa.dot.gov/www/cfm/wizard/frame.cfm?qryID=PERl;> National Highway Transportation and Safety Administration, Fatality Analysis Reporting System, Query Wizard, Total Fatalities Involving Large
. Compare Whren v. United States, 517 U.S. 806, 811-13, 116 S.Ct. 1769, 1773-74, 135 L.Ed.2d 89 (1996) (distinguishing administrative searches, where probable cause is not always necessary, from warrant-less seizure of narcotics seen in plain view by police, who were conducting legitimate traffic stop, even though police may have had ulterior, or coexistent, motives).
. A conviction for homicide by vehicle requires the prosecution to prove that the defendant's conduct was criminally negligent or reckless. See Commonwealth v. Heck, 517 Pa. 192, 201, 535 A.2d 575, 580 (1987).
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellee, v. Frederick W. PETROLL, Appellant
- Cited By
- 100 cases
- Status
- Published