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J-A20025-11 2011 PA Super 215 COMMONWEALTH OF PENNSYLVANIA, Appellant v. LOUIS T. DURR, JR., Appellee No. 9 WDA 2011 IN THE SUPERIOR COURT OF PENNSYLVANIA

Appeal from the Suppression Order December 7, 2010 In the Court of Common Pleas of Erie County Criminal Division at No. CP-25-CR-0001936-2010 BEFORE: FORD ELLIOTT, P.J.E., BENDER and STRASSBURGER*, JJ. OPINION BY BENDER, J.: Filed: October 12, 2011

This is a Commonwealth appeal from the trial court's order granting Louis T. Durr Jr.'s (Defendant) motion to suppress. The Commonwealth

claims that the trial court erred in determining that the police officer's questioning of Defendant regarding his identity was unconstitutional. the reasons that follow, we reverse. The facts of this case are straightforward and undisputed. Officer For

Daniel Shields of the Erie Police Department was assisting another officer in a traffic stop. Defendant was a passenger in the stopped vehicle. Officer Shields "went to the passenger's side to identify the passengers in the vehicle." N.T., 12/6/10, at 3. Officer Shields testified that it was his

department's policy to attempt to identify everyone that is in a vehicle during a traffic stop.

*Retired Senior Judge Assigned to the Superior Court.

J-A20025-11 Defendant gave Officer Shields the name of "James Durr," which was a known alias for Defendant. Id. at 3-4. Officer Shields received further

information regarding a description of Defendant's tattoos, which matched Defendant's appearance. There was an outstanding warrant for Defendant. Accordingly, Officer Shields arrested Defendant. station, Defendant admitted his true identity. Based on the foregoing, the Commonwealth charged Defendant with false identification to law enforcement authorities.

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