Com. v. Negron-Walther, R. ( 2021 )

J-A01033-21
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF : IN THE SUPERIOR COURT
PENNSYLVANIA, : OF PENNSYLVANIA
:
Appellant :
:
v. :
:
RAMON RONALDO NEGRON- :
WALTHER, :
:
Appellee : No. 568 EDA 2020
Appeal from the Order Entered January 21, 2020
in the Court of Common Pleas of Northampton County
Criminal Division at No(s): CP-48-CR-0001470-2019
BEFORE: BENDER, P.J.E., OLSON, J. and STRASSBURGER, J.*
MEMORANDUM BY BENDER, P.J.E.: FILED AUGUST 30, 2021
The Commonwealth appeals from the trial court’s January 21, 2020
order granting the motion to suppress filed by Appellee, Ramon Ronaldo
Negron-Walther. The Commonwealth contends the court erred when it
suppressed evidence resulting from a vehicle pursuit which led to Negron-
Walther’s arrest and being charged with driving offenses. Upon review, we
affirm on the basis set forth in the trial court’s opinion.
The trial court set forth a full recitation of the facts of this case in its
opinion. See Trial Court Opinion (TCO), 1/21/20, at 1–7. Briefly, on March
9, 2019, Negron-Walther was charged with driving under the influence of
alcohol (DUI) (general impairment), 75 Pa.C.S. § 3802(a)(1); DUI (highest
rate of alcohol), 75 Pa.C.S. § 3802(c); careless driving, 75 Pa.C.S. § 3714(a);
*Retired Senior Judge assigned to the Superior Court.
J-A01033-21
and failure to stop at a red signal, 75 Pa.C.S. § 3112(a)(3)(i). Prior to trial,
he filed a motion to suppress the evidence obtained during what he argued
was an illegal arrest. On October 21, 2019, the court conducted a hearing on
Negron-Walther’s motion, at which the Commonwealth offered the testimony
of Officer Kevin Lindsay and a DVD recording of Officer Lindsay’s dashboard
camera.1
On January 21, 2020, the court issued an order granting the suppression
motion. The trial court concluded Officer Lindsay lacked probable cause to
stop Negron-Walther’s car in his primary jurisdiction of Bethlehem Township
and thus, was not authorized to pursue Negron-Walther into the neighboring
jurisdiction of Palmer Township. Accordingly, the trial court ordered “all
evidence resulting from Officer Lindsay’s pursuit into Palmer Township and
eventual arrest of [Negron-Walther] shall be suppressed.” TCO at 1.
The Commonwealth filed a timely notice of appeal, certifying under
Pa.R.A.P. 311(d) that the court’s order substantially handicapped the
prosecution of its case. The Commonwealth timely filed its Pa.R.A.P. 1925(b)
concise statement of errors complained of on appeal. The trial court filed a
statement pursuant to Pa.R.A.P. 1925(a), relying on its statement of reasons
set forth in its January 21, 2020 order.
Herein, the Commonwealth states two issues for our review:
1 On November 25, 2019, the parties agreed to supplement the suppression
record with a recording of the “radio run” from the time of the incident. See
TCO at 2.
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J-A01033-21
A. Did the suppression court err in finding there was not probable
cause to stop [Negron-Walther]’s vehicle based on [Negron-
Walther]’s actions in Bethlehem Township, Pennsylvania?
B. Did the suppression court err in finding that the police officer was
not permitted to pursue [Negron-Walther] into a neighboring
jurisdiction?
Commonwealth’s Brief at 4 (unnecessary capitalization and suggested
answers omitted).
After careful consideration of the record, the parties’ briefs, and the well-
reasoned opinion by the Honorable Craig A. Dally, we affirm on the basis set
forth in Judge Dally’s opinion. See TCO at 8–10 (concluding that Officer
Lindsay lacked probable cause to believe the vehicle he observed in the two
dashboard camera clips was the same vehicle due to the officer’s very brief
observation and quick loss of sight of the vehicle, the numerous opportunities
for the vehicle to turn at an intersection, the distance and time between the
clips, and the inconsistencies regarding how and when the officer identified
the vehicle from the two clips as the same Volkswagen Jetta); id. at 10–14
(concluding the record failed to establish that Officer Lindsay had probable
cause to stop Negron-Walther’s vehicle for a section 3361 violation in his
primary jurisdiction of Bethlehem Township where there was no evidence of
conditions indicating “inclement weather, pedestrian crosswalks, heavy traffic,
or other conditions then existing on the roadway within Bethlehem Township
which rendered [Negron-Walther’s] speed unreasonable”); id. at 14–15
(concluding the record failed to establish that Officer Lindsay had probable
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cause to stop Negron-Walther’s vehicle for a section 3714 violation in his
primary jurisdiction of Bethlehem Township where there was no evidence
Negron-Walther’s vehicle “crossed a yellow line or a fog line in [passing
another vehicle], that he came close to striking another vehicle, or that he
otherwise evidenced a disregard for the safety of other motorists or
property”); id. at 16–18 (concluding Officer Lindsay was not permitted to
pursue Negron-Walther into extraterritorial Palmer Township under subsection
8953(a)(2) of the Municipal Police Jurisdiction Act because he “lacked probable
cause to believe that violations of [s]ections 3361 and/or 3714 occurred within
his primary jurisdiction” of Bethlehem Township).
Order affirmed.
Judge Strassburger did not participate in the consideration or decision
of this case.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/30/2021
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Circulated 08/10/2021 03:14 PM