Commonwealth of Pennsylvania, v. Nelson Richardson

Commonwealth of Pennsylvania, v. Nelson Richardson

Criminal Action-Constitutional Law-Omnibus Pretrial Motion-Suppression of Evidence-Fourth Amendment-Vehicle Stop-Careless Driving-Probable Cause

Nelson Richardson (“Defendant”) was charged with offenses including Endangering the Welfare of Children, Possession of Drug Paraphernalia and a small amount of marijuana, Driving Under the Influence of a Controlled Substance and Careless Driving.  Defendant filed an Omnibus Pretrial Motion seeking to suppress evidence obtained as a result of a traffic stop conducted on December 30, 2023. 

1.  Title 75 Pa.C.S. § 6308(b) provides that whenever a police officer has reasonable suspicion to suspect that a violation of the Vehicle Code has occurred, the officer may stop a vehicle to secure information the officer believes is reasonably necessary to enforce the provisions of the Vehicle code.      

2.  If a vehicle is stopped for the offense of Careless Driving, the officer must possess probable cause for the stop, as nothing more can be determined through further investigation once the vehicle is stopped.

3.  In most instances, the probable cause requirement is met based upon a police officer’s observation of the violation.

4.  Careless Driving is defined by statute as driving a vehicle in careless disregard for the safety of persons or property.

5.  Where the police officer personally observed Defendant drive his vehicle into the path of another vehicle that had the right-of-way, probable cause existed to conduct a traffic stop to issue a citation for Careless Driving.

L.C.C.C.P. No. CP-38-CR-0000564-2024, Opinion by Donna Long Brightbill, Judge, August 27, 2024.