United States: Berks Judge Determines That A High Beam Violation Is Insufficient To Support A Stop

The Hon. John A. Bocabella of the Berks County Court of Common Pleas recently ruled that a high beam violation is insufficient to establish reasonable suspicion to support a lawful traffic stop.

In September, 2012, a uniformed officer with the Central Berks Regional Police Department stopped Defendant's vehicle on Hill Road in Lower Alsace Township, Berks County, after Defendant failed to dim his high beams when traveling through the intersection with Spook Lane. The officer was stopped at the intersection waiting to turn left onto Hill Road when he observed Defendant's vehicle. The officer further claimed to have smelled burnt marijuana emanating from Defendant's vehicle as it passed. The officer initiated a stop of Defendant's vehicle and Defendant subsequently admitted to smoking marijuana. The officer transported Defendant to the DUI Center for testing, which revealed metabolites of THC.

The Commonwealth charged Defendant with driving under the influence pursuant to 75 Pa. C.S.A. 3802(d), and failing to use his low beams in violation of 75 Pa. C.S.A. 4306. Defendant subsequently filed an Omnibus Pre-Trial Motion with the Court seeking to suppress evidence obtained during the stop. Defendant argued that the stop was unlawful because the arresting officer could not establish reasonable suspicion that a violation of the vehicle code had occurred or was occurring.

In a five page Findings of Fact and Conclusions of Law, Judge Boccabella held that the "asserted ground for initiating the stop was merely pretextual and not the result of an observation of a violation of the Motor Vehicle Code." In support, Judge Boccabella cited the purpose of Section 4306, which is to "prevent motorists from facing excessive glare." Because the officer was motionless waiting to turn the same direction as Defendant, at no time was the officer or any other motorist in danger of any safety hazard. Further, the Court found that the "credibility of the [arresting officer] smelling marijuana emanating from a moving vehicle [traveling 35 miles per hour] in a rural area is stretched to the limit."

Having determined that the stop was unlawful, Judge Boccabella granted Defendant's separately-filed Petition for Writ of Habeus Corpus, finding that the Commonwealth lacked sufficient evidence to establish a prima facie violation of 3802(d).

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