Commonwealth v. Rosario

Summary

The Pennsylvania Superior Court affirmed an order suppressing evidence obtained from Kevin Samuel Rosario and his vehicle after a traffic stop. The court held that police unlawfully seized the vehicle pending a search warrant because Rosario was not in custody and the seizure was not authorized by the cited Vehicle Code provisions or the community-caretaking function. The court applied Pennsylvania constitutional protections requiring probable cause and exigent circumstances for a warrantless vehicle seizure.

Holdings

1. Officer's seizure of defendant's vehicle was not authorized by 75 Pa.C.S.A. § 3352(c)(4) or the police's traditional caretaking function because defendant complied with officer's directions to pull over and vehicle did not create safety hazard.
2. Independent source doctrine cannot save fruits of vehicular search from suppression where police unlawfully seized vehicle, even if information supporting warrant application was gathered before seizure.

Questions Presented

1. Whether suppression court erred in suppressing evidence discovered during search of defendant and his vehicle where police seized, towed, and impounded vehicle while applying for search warrant pursuant to vehicle code and community caretaking function
2. Whether police required arrest to impound vehicle when they had probable cause for DUI but permitted defendant to leave
3. Whether evidence was obtained through independent source doctrine

Disposition

affirmed