The Herald, Sharon, Pa.

Local News

November 3, 2009

UPDATE: DA appeals ‘air freshener’ ruling

By Joe Pinchot

HERMITAGE — Mercer County District Attorney’s Office has appealed a judge’s decision that a Southwest Mercer County Regional policeman did not have authority to search a car in which he found drugs.

Devin I. Smith, 23, of 4002 Hermitage Hills Blvd., Hermitage, was arrested May 2 on charges of possession of crack cocaine and marijuana, possession with intent to deliver, possession of drug paraphernalia and conspiracy.

Southwest patrolman Erick Gatewood stopped the car Smith was driving on Wallis Avenue, Farrell, because a pine tree air freshener was dangling from the car’s rear view mirror.

Gatewood said he feared the freshener could block Smith’s view, but also was looking for a reason to stop the car because it had come from the 700 block of Idaho Street, which he called a “high drug area.”

Mercer County Common Pleas Court Judge Christopher J. St. John said the stop was legal, but not the warrantless search that turned up drugs and a scale.

The DA’s office had argued that Gatewood could have searched the car for any or no reason because Smith’s name was not listed as an authorized driver on the contract for the rental car.

St. John disagreed. He said there is no evidence that Smith knew he was not authorized to drive the car. The judge said people loan their cars to others all the time, and it is unlikely that the borrower will ask whether a document prohibits his or her use of the car.

Smith said he had taken his boss to a hospital, and the boss said he could drive the car, police said.

Gatewood said the search was justified because of his knowledge of a passenger’s history with firearms, and he was concerned there might be a gun in it.

St. John called the information “stale” and said there were no exigent circumstances present that would allow police to conduct a search without a warrant.

Gatewood had no facts to indicate Smith or his passenger might be dangerous, St. John said. They gave no indication that they were involved in criminal activity, a pat down of them produced no weapons, and they were sitting on a curb and did not try to flee when the car was searched, St. John said.

Text Only
Local News
  • Recycling program a bit too popular

    The  county’s effort at going green by encouraging recycling in rural areas has been a tremendous success by most accounts, but isn’t without a few glitches. In Wilmington Township, residents often only have a window of a few minutes to get cardboard recyclables in before the bin is full, prompting a discussion among Mercer County Commissioners Wednesday morning.

    May 25, 2012

  • District will tap reserve fund

    Reynolds school directors plan to fill a $374,567 hole in the 2012-2013 budget with money from the district’s fund balance.

    May 25, 2012

  • School board mulls change to sports chaperone policy

    In order to comply with the Pennsylvania Interscholastic Athletic Association, the Sharpsville Area School Board is looking to adjust a chaperone policy it implemented six months ago.

    May 25, 2012

  • Afternoon crash hurts 3 high school students

    Three Jamestown High School students were injured – one seriously – when their pickup left a roadway in southwest Crawford County and crashed into a tree Tuesday afternoon.

    May 24, 2012

  • Board sells some, holds some

    Brookfield Board of Education members voted Tuesday to accept only the bids for the elementary school and the middle school, for a total of $97,050.
    The decision came after an hour-long executive session.

    May 24, 2012

  • Levey: Kohl’s project died with school vote

    Stripped of the necessity of voting for a tax incremental finance plan by Hermitage School Board’s unwillingness to participate, Mercer County commissioners said Wednesday they would like to meet with school board and Hermitage city officials to discuss other ways they can help Levey and Co. build a retail development in the city.

    But Levey spokeswoman Jeffrey A. Mills said there is nothing to discuss.

    May 24, 2012

  • Warden expects hectic season at county jail

    With the unofficial start of summer just a few days away, Mercer County Jail officials are preparing for a busy season.

    May 23, 2012

  • Levey officially drops TIF request

    Levey & Co. has officially ended its request for a tax incremental financing plan to build a retail development anchored by a Kohl’s department store.

    May 23, 2012

  • Grant will pay to fix 12-15 homes



    The City of Farrell will be able to fix up about a dozen homes in the city thanks to a $300,000 HOME grant from the state.

    May 23, 2012

  • Hard budget choices yet to come


     
    Hermitage School Board has been fortunate in many ways during the economic downturn that has been so hard on many other schools.

    May 23, 2012