Traffic Stop Illegal • Insufficient Grounds
Commonwealth v. Easter, PICS Case No. 16-1285 (C.P. Lycoming Sept. 29, 2016) Lovecchio, J. (6 pages).
A traffic stop for an apparently unilluminated license plate and failure to use a turn signal within 100 feet was used as a pretext for a search of the vehicle, after the arresting officers recognized the driver from a previous stop for driving under the influence of marijuana. Following a search of the vehicle, the driver was charged with driving under the influence of a controlled substance, possession of marijuana and drug paraphernalia. The defendant filed an omnibus pretrial motion on grounds that the stop and arrest were unconstitutional and to suppress evidence from the search. Testimony about the reason for the stop was found inconsistent with the dash-camera video, which led to the finding that the state had not met is burden of proof, and the granting of defendant’s motion.
