Commonwealth v. Copenhaver - 658 Pa. 471, 229 A.3d 242 (2020)

Rule:

For purposes of a deputy sheriff's common law authority to enforce the Vehicle Code, a breach of the peace arises from an act or circumstance that causes harm to persons or property, or has a reasonable potential to cause such harm, or otherwise to provoke violence, danger, or disruption to public order. Operating a vehicle with an expired registration sticker does not fit within that description, as it is not a violent or dangerous action, nor is it likely to lead to public disorder. Indeed, to the contrary, a vehicle's registration tag expires with the passage of time and, as such, the expiration is passive in nature. Driving a vehicle with such a sticker, moreover, does not tend to incite violence, disorder, public or private insecurity, or the like. That being the case, driving a vehicle with an expired registration does not entail a breach of the peace.

Facts:

In August 2015, a deputy sheriff conducted a vehicle stop of appellant Victor Lee Copenhaver’s pickup truck. Upon approaching the truck, the deputy noticed an odor of alcohol and marijuana emanating from the passenger compartment. After administering field sobriety tests, the sheriff arrested appellant for suspected driving under the influence of alcohol and controlled substances (DUI). Appellant was ultimately charged with DUI and other offenses. Appellant now challenged the deputy's authority to conduct a traffic stop and sought suppression of all evidence obtained during the encounter. Rather than presenting testimony at a suppression hearing, the parties stipulated that appellant was driving the vehicle in question and that the deputy had training and qualifications equivalent to that of a police officer. The parties also agreed that the vehicle stop occurred as a result of the deputy observing the tailgate to the pickup truck operated by appellant being in a down position. That the sheriff further observed that the registration on the pickup truck was expired, and additionally, the registration number was identified as belonging to a vehicle other than the one on which it was attached. In connection with the motion to suppress, appellant argued that an expired registration tag does not give rise to a breach of the peace for purposes of a deputy's residual common law authority to make arrests. After a bench trial, appellant was convicted of DUI and other offenses, and he was sentenced to a term of partial confinement. Appellant lodged an appeal, arguing that his suppression motion should have been granted because operating a vehicle with an expired registration sticker does not by itself constitute a breach of the peace.

Issue:

Was an expired registration tag give rise to a breach of the peace for purposes of a deputy's residual common law authority to make arrests?

Answer:

No.

Conclusion:

The court vacated the judgment and remanded the case. The court held that because operating a vehicle with an expired registration sticker did not fit within the description of breach of peace, as it was not a violent or dangerous action, nor was it likely to lead to public disorder, but, to the contrary, a vehicle's registration tag expired with the passage of time and was passive in nature, appellant’s act of driving a vehicle with an expired registration did not entail a breach of the peace authorizing the deputy to stop defendant's vehicle.