UPDATE: Judge: Traffic stop was illegal

By Joe Pinchot
Herald Staff Writer

MERCER COUNTY June 04, 2009 03:14 pm

— An assistant Mercer County district attorney said a receiving stolen property charge filed against a New Castle man will be dropped after a judge gutted the case against him.
Mary Ann Odem, an assistant DA, said she did not know how the judge’s ruling would affect two related cases.
Mercer County Common Pleas Court Judge Thomas R. Dobson said Wednesday a state trooper did not have reasonable suspicion or probable cause to stop a vehicle driven by Christopher E. Rush, 22.
Rush had items in his car that had been stolen in recent burglaries, and gave police information that led to the execution of a search warrant in Hermitage, where stolen items were found in a storage facility, and charges of theft, receiving stolen property and conspiracy being filed against Nicholas C. Ace, 26, of Kennderdell, Venango County, and Tara N. Rice, 25, of 930 Stambaugh Ave., Sharon.
Trooper Mark Gladysz testified Wednesday that there had been a number of burglaries in the southcentral part of Mercer County and police were told to be on the lookout for a small green car, possibly a Chevrolet Cavalier, that might have been involved.
Gladysz said he was at the police barracks in Jackson Township at 11:35 a.m. Oct. 8 when the wife of a police corporal reported that a man in a green Cavalier had pulled into her driveway in the 1300 block of Mercer-New Wilmington Road, Wilmington Township, knocked on her door, asked for directions to Watson Road, and left. The woman reported that the man appeared to be nervous, Gladysz said.
Gladysz said he drove to Watson Road, East Lackawannock Township, didn’t find anything, then spotted a green Cavalier on Mercer-New Wilmington Road and pulled it over. The driver, Rush, matched the description given by the corporal’s wife, he said.
“If that’s all you got, there’s no PC (probable cause) and no reason to stop this vehicle,” Dobson said. “I know the reports are out there but that doesn’t give him the right to stop every small, green Chevy.”
Police could have stopped the car if they had a license plate number, or if Rush had committed a traffic violation, the judge said.
“Why (is asking for) directions a problem?” he said.
Dobson ordered that prosecutors could not use evidence obtained from the car or incriminating statements Rush made to police.
Rush was represented by Assistant Mercer County Public Defender Douglas E. Straub.
Ms. Odem said Rush likely will be charged with other crimes.