Crack cocaine illegally found in search of suspect, appellate court rules
Aug. 18—The Pennsylvania Superior Court on Tuesday upheld a Luzerne County judge's ruling that nixed crack cocaine from being used as evidence in the felony drug trafficking case against a Frackville man.
The 22-page opinion by the appellate court agreed with Judge Joseph F. Sklarosky Jr. who determined Plains Township police unlawfully seized the drug during an encounter with Zaheer Rasheed.
Rasheed, 34, was sitting with another person inside his vehicle parked outside a motel on Route 315 known by police as a high crime and drug trafficking area at 3 a.m. on Nov. 9, 2020.
Police first encountered Rasheed driving into the parking lot of the Red Roof Inn and exiting several minutes later. An officer followed Rasheed to the Microtel Inn, where he parked.
Rasheed sat in his vehicle for 20 minutes before two officers approached his vehicle from both sides. During the encounter, police found a bag of suspected crack cocaine in Rasheed's pants pocket during a pat-down search and more crack cocaine inside the vehicle.
Rasheed was charged with possession with intent to deliver a controlled substance.
Rasheed's attorney, Girard J. Mecadon, filed a motion to suppress the crack cocaine as evidence, arguing police illegally searched Rasheed and the vehicle.
Sklarosky agreed with Mecadon finding police did not have probable cause a crime was being committed despite Rasheed sitting in his vehicle for 20 minutes in a known high crime and drug trafficking area.
Prosecutors appealed Sklarosky's ruling with the Superior Court.
The appellate court used most of Sklarosky's ruling in their opinion, determining police failed to first engage in a "mere encounter" with Rasheed, but instead placed him in an "investigative detention" that quickly resulted in a "custodial detention."
The Superior Court further noted quick movements by anyone inside a vehicle, referring to Rasheed's movements, do not permit officers from removing occupants. In their reasoning, the appellate court ruled any movement could be a person searching for their driver's license, vehicle registration and insurance records, or simply turning their heads to see who is approaching their vehicle.
"... because the officers did not have the requisite level of suspicion to seize (Rasheed), the crack cocaine discovered on (Rasheed) during his pat-down, as well as the additional contraband found during the consensual search of the vehicle, were properly suppressed," the appellate court ruled.
Rasheed's case remains open in county court.
