Centre County Judge Upholds Traffic Stop in Marijuana Case
Posted in Fourth Amendment on August 10, 2025
The Court of Common Pleas of Centre County recently ruled in Commonwealth v. Klanish, CP-14-CR-922-2019, that evidence from a marijuana possession case would not be suppressed. This decision provides important guidance on Pennsylvania traffic stop laws, the authority of sheriff’s deputies, and when Miranda rights apply.
Facts of the Case
On April 30, 2019, a Centre County Sheriff’s Deputy —Act II certified but not Act 120 certified—was assisting the Pennsylvania State Police with drug interdiction efforts while also serving warrants. While patrolling in a marked sheriff’s vehicle, the deputy observed a driver following another vehicle too closely on Route 322 in Philipsburg. Concerned about the risk of a collision, she initiated a traffic stop for violating 75 Pa.C.S. § 3310 — Following Too Closely. Before reaching the driver’s window, the deputy smelled marijuana coming from the vehicle. For safety reasons, the deputy had the driver and the passenger, Klanish, exit the vehicle. The deputy called for Pennsylvania State Police backup.
A state rooper arrived and searched the vehicle, discovering marijuana and drug paraphernalia. Klanish admitted the items were hers, and she was charged with possession of drug paraphernalia under 35 P.S. § 780-113(a)(32). Klanish filed a pretrial motion to suppress.
Legal Issues Raised
The defense filed a motion to suppress evidence, arguing:
The deputy lacked probable cause to make the traffic stop.
As a sheriff’s deputy engaged in drug interdiction, she lacked authority to conduct the stop.
The stop became a custodial detention requiring Miranda warnings.
Court’s Ruling
Probable Cause: The court found that Deputy McCleester had probable cause to stop the vehicle. Observing a driver follow another car too closely in a way that posed a risk of collision constituted a Motor Vehicle Code violation and a “breach of the peace.”
Authority of a Sheriff’s Deputy: Under Commonwealth v. Leet and Commonwealth v. Dobbins, sheriff’s deputies with Act II certification may enforce the Motor Vehicle Code when acting within the scope of their duties. The deputy lawfully stopped the vehicle for a traffic violation and properly turned the drug investigation over to the state police.
Miranda Warnings: The court determined the stop was only an investigative detention and did not escalate into a “custodial” situation. There was no prolonged detention, no handcuffing, no display of force, and Klanish was allowed to leave after the search. Since the encounter was an investigative detention, no Miranda warnings were required.
Key Takeaways for Pennsylvania Drivers
Following too closely can result in a lawful stop if it poses a safety risk.
Sheriff’s deputies with proper certification have authority to enforce Pennsylvania traffic laws.
Miranda rights generally apply only during custodial interrogations, not during routine traffic stops.
Why This Matters
If you are stopped for a Pennsylvania traffic violation that leads to a marijuana possession or drug paraphernalia charge, the legality of the stop is often a critical defense issue. An experienced Pennsylvania criminal defense attorney can review whether law enforcement had probable cause and acted within their legal authority.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.