Com. v. Ventura, E.
CourtSuperior Court of Pennsylvania
Date FiledOctober 27, 2026
Docket1067 WDA 2025
JudgeLazarus
StatusUnpublished
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Full Opinion
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NON-PRECEDENTAL DECISION – SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
ELVIS LUIS HOLGUIN VENTURA :
:
Appellant : No. 1067 WDA 2025
Appeal from the Judgment of Sentence Entered July 29, 2025
In the Court of Common Pleas of Westmoreland County Criminal Division
at No(s): CP-65-CR-0000860-2023
BEFORE: LAZARUS, P.J., BOWES, J., and LANE, J.
MEMORANDUM BY LAZARUS, P.J.: FILED: October 27, 2026
Elvis Luis Holguin Ventura appeals from the judgment of sentence,
entered in the Court of Common Pleas of Westmoreland County, after the trial
court, in a non-jury trial, convicted him of possession with intent to deliver a
controlled substance1 and possession of a controlled substance.2 On appeal,
Ventura challenges the trial court’s denial of his motion to suppress evidence
uncovered from a vehicular stop. Upon review, we affirm.
On July 8, 2026, we remanded this case to the trial court for an
evidentiary hearing to determine why missing notes of testimony from
Ventura’s preliminary hearing and suppression hearing were not transcribed
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1 35 P.S. § 780-113(a)(30).
2 Id. at § 780-113(a)(16).
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and/or transmitted in the certified record to this Court. See Per Curiam Order,
7/8/26. On remand, the trial court held an evidentiary hearing and,
subsequently, filed a corresponding opinion and findings of fact concluding
that the lack of transcripts in the record resulted from an oversight or
breakdown in communication by the court. See Trial Court Opinion, 8/5/26,
at 4. The trial court ordered the transcripts to be prepared and transmitted
to this Court. See id. at 5. As such, we can now review the appeal on the
merits.
The trial court previously summarized the facts as follows:
On February 28, 2023, [Pennsylvania State] Trooper [Ryan]
Marmol was conducting “daily operations as a criminal or
interdiction officer as a Shield member” by looking for vehicles on
the Pennsylvania Turnpike that were possibly involved in criminal
activity. At one point, Trooper Marmol observed a vehicle whose
driver left the turn signal on after completing a lane change. He
conducted a query of the vehicle’s registration and learned that it
was registered to Mario Caba from Philadelphia. Additionally, he
observed that the emission and inspection stickers on the vehicle
were expired. Trooper Marmol conducted a traffic stop on the
vehicle due to the vehicle’s expired inspection and emissions.
Trooper Marmol thereafter approached the vehicle’s driver’s side
and confirmed what he had seen on the emission and inspection
stickers. He made contact with the vehicle’s two occupants and
advised them of the reason for the traffic stop. The driver of the
vehicle, whom he identified as [Ventura], provided Trooper
Marmol with a Puerto Rico identification card/driver’s license[,
however, Ventura’s criminal history listed him as a resident of the
Dominican Republic[3]], and the passenger provided him with a
Pennsylvania driver’s license. Additionally, Trooper Marmol
noticed that [Ventura]’s lip was trembling, and his hand was
“violently trembling” when[] he provided his identification.
Additionally, during the stop, [Ventura] indicated that he was
going to Pittsburgh to accompany the passenger with errands.
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3 See N.T. Preliminary Hearing, 3/8/23, at 16.
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The passenger indicated that they were going to Pittsburgh
because he had a small car business.
At this point, Trooper Marmol became suspicious that “criminal
activity was afoot[]” for the following reasons:
“So where I was positioned first and foremost, I was on the
Pennsylvania Turnpike, which is a notorious and known
smuggling corridor and the fact that the vehicle was
registered from Philadelphia, Pennsylvania. And based on
my training and experience I know that Philadelphia is a
source area for distribution of narcotics. Furthermore, I
know that there is a strong connection as it pertains to
Philadelphia and Pittsburgh in terms of drug trafficking. The
vehicle was recently registered, and based on my training
and experience I know that these vehicles are oftentimes []
registered frequently [] to beat license plate readers, to
evade law enforcement surveillance and things of that
nature. The vehicle did not display a license plate bracket
around the license plate. And oftentimes that is done
because the vehicle and the—the criminal organization
doesn’t want that vehicle to be tied to a certain geographical
area. There were no—the vehicle was very plain and these
vehicles are oftentimes selected by these criminal
organizations so that they can further blend in with the
innocent motoring public. Upon catching up to the vehicle I
noticed that the operator of the vehicle was not the pictured
registered owner. So[,] at that point I believed that the
vehicle was being operated by a third party. Based on my
training and experience I know that organizations will utilize
third-party vehicles so that if there is any contraband
located within the vehicle that they—it’s an automatic
defense that’s built in, they can distance themselves from
the contraband. Upon activating my lights and sirens to
effect the traffic stop, the traffic stop was delayed. I can’t
recall for exactly how long the vehicle did not stop for, but
that is a—something that we oftentimes see. And through
my training and experience I’ve learned that when this
happens it’s possible that the organization, the members
involved are—if there’s any interaction with law
enforcement [] they are told to place a call or given certain
instructions if there's law enforcement encounters. So this
delayed stop caused me to believe that that was a possibility
that that was happening or there were other tactics being
discussed or possible rehearsed stories. And then to include
the nervous behavior upon initial contact.
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So[,] once I observed the nervous behavior that’s when I
became suspicious of the—that criminal activity was afoot
and I was going to extend the traffic stop to confirm or deny
my suspicions.”
[N.T. Preliminary Hearing, 3/8/23, at 19-21.]
Trooper Marmol thereafter asked via a translator application on
his department-issued cellphone for consent to search from
[Ventura].4 [Ventura] responded “yes[,]” but indicated that
Trooper Marmol would have to consult with the passenger who is
the registered owner of the vehicle. Trooper Marmol then asked
the passenger for permission to search the vehicle, and he agreed.
Trooper Marmol did not need to utilize a translator application to
speak with the passenger[] and could converse with him in
English. He did not have any difficulty understanding the
passenger. Trooper Marmol provided the passenger with a
consent[-]to[-]search form that was issued by the Pennsylvania
State Police prior to conducting the search. He did this while he
was standing by the passenger side door. Trooper Marmol
testified that the form contains a discussion of tools that are
necessary to search a vehicle. He stated that the passenger
appeared to read the form and acknowledged what it said, but he
did not want to sign it. At [some] point, Trooper Zachary Delsordo
also arrived on scene.
Trooper Marmol subsequently searched the vehicle and became
suspicious that the subwoofer box in the rear cargo area contained
contraband. [Therefore], he used a hand-held roadside x-ray on
the subwoofer box, and [saw] anomalies consistent with
contraband[.] Trooper Marmol also believed that the subwoofer
box contained contraband because, when[] they removed two
screws securing the box, the panel could not be removed. This
made them suspicious that the subwoofer box was fabricated to
contain contraband. Trooper Marmol also stated that [Ventura]
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4 Trooper Marmol used the application known as “Say Hi” for the translation.
N.T. Preliminary Hearing, 3/8/23, at 22. He acknowledged that the
translations on the application are not one hundred percent accurate, but
stated that he used the application to expedite the process. Id. at 23.
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and the passenger provided consent to search the vehicle, and
they were denied consent to search the subwoofer box.[5]
[Ventura] and the passenger were ultimately detained and placed
“under investigatory detention.” They were transported to the
Pennsylvania State Police Greensburg Barracks, and the vehicle
was towed. A drug detection K-9 was subsequently deployed on
the vehicle and the subwoofer box[,] resulting in an alert and
indication. Trooper Marmol thereafter obtained a search warrant,
and approximately 800 bricks of suspected heroin/fentanyl were
found inside of the subwoofer box.[6] He testified that this amount
was consistent with someone who is selling drugs. Additionally,
the bricks that were found were wrapped together, and there were
coffee grinds within the cellophane wrapping to throw off a drug
detection K-9. He estimated the value of the drugs seized to be
approximately $130,000.[00]. Trooper Marmol further explained
his decision to charge both [Ventura] and the passenger with the
narcotics. Neither of them made any statements to him regarding
the narcotics that were found.
Trooper Marmol estimated that [Ventura] was removed from the
vehicle approximately two minutes after the traffic stop was
conducted. He believed that he asked the passenger to exit the
vehicle approximately 10 or 11 minutes into the traffic stop, after
he asked [Ventura] for permission to search the vehicle.
Trial Court Opinion, 9/9/24, at 2-4.
On September 5, 2023, Ventura filed an omnibus pretrial motion to
suppress the glassine packets found during the stop, claiming the search of
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5 Ventura does not raise the specific issue of lack of consent to search the
subwoofer box in either his Rule 1925(b) statement or appellate brief. Thus,
we do not consider it on appeal. See Pa.R.A.P. 302(a); see also
Commonwealth v. Little, 903 A.2d 1269, 1272-73 (Pa. Super. 2006)
(“appellate review of an order denying suppression is limited to examination
of the precise basis under which suppression initially was sought; no new
theories of relief may be considered on appeal”) (internal citation omitted);
Commonwealth v. Burchard, 503 A.2d 936, 939 (Pa. Super. 1986) (need
to advance same theory of relief at each and every stage of review by specific
allegation of error).
6 Trooper Marmol testified that 800 bricks could weigh anywhere from 800 to
1,000 grams. See N.T. Preliminary Hearing, 3/8/25, at 28.
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the vehicle was not justified, there was no reasonable suspicion to extend the
traffic stop, and he did not “knowingly, voluntarily, and intelligently consent”
to the search based on the language barrier. See Defendant’s Omnibus
Pretrial Motion to Suppress Evidence, 9/5/23, at 3, 5-6 (unpaginated).
On April 15, 2024, the court held a suppression hearing. By agreement
of the parties, the preliminary hearing transcript was incorporated into the
suppression record. The court requested additional briefing by the parties
and, subsequently, entered an order denying the motion. The case proceeded
to a non-jury trial before the Honorable Scott O. Mears, Jr. On March 31,
2025, the trial court found Ventura guilty on both counts and sentenced him
to 6½ to 14 years’ imprisonment, followed by 12 months of reentry
supervision.
Ventura filed a timely notice of appeal and a court-ordered Pa.R.A.P.
1925(b) concise statement of errors complained of on appeal. He presents
the following issue for our consideration: “Whether the trial court committed
reversible error in denying [] Ventura’s omnibus pretrial motion?” See
Appellant’s Brief, at 7.7
Our standard of review in addressing a challenge to a trial court’s
denial of a suppression motion is limited to determining whether
the factual findings are supported by the record and whether the
legal conclusions drawn from those facts are correct. We are
bound by the suppression court's factual findings so long as they
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7 In his appellate brief, Ventura solely focuses on one sub-issue raised in his
suppression motion—that the trial court erred in finding Trooper Marmol had
reasonable suspicion to extend the traffic stop. See Appellant’s Brief, at 9.
Thus, we confine our review to that claim.
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are supported by the record; our standard of review on questions
of law is de novo. Where, as here, the defendant is appealing the
ruling of the suppression court, we may consider only the evidence
of the Commonwealth and so much of the evidence for the defense
as remains uncontradicted. Our scope of review of suppression
rulings includes only the suppression hearing record and excludes
evidence elicited at trial.
Commonwealth v. Smith, 177 A.3d 915, 918 (Pa. Super. 2017) (citations
omitted).
Ventura contends that Trooper Marmol did not have the requisite
reasonable suspicion to prolong the traffic stop and, as a result, any evidence
uncovered from the stop should have been suppressed. Appellant’s Brief, at
9-10.
This Court has held that “[if] there is a legitimate stop for a traffic
violation . . . additional suspicion may arise before the initial stop’s purpose
has been fulfilled; then, detention may be permissible to investigate the new
suspicions.” Commonwealth v. Sloan, 303 A.3d 155, 163 (Pa. Super. 2023)
(citation omitted). “The question of whether reasonable suspicion existed at
the time [the officer conducted the stop] must be answered by examining the
totality of the circumstances to determine whether the officer who initiated
the stop had a particularized and objective basis for suspecting the individual
stopped.” Commonwealth v. Green, 168 A.3d 180, 184 (Pa. Super. 2017)
(brackets in original; citation omitted). Reasonable suspicion requires the
officer to articulate “specific observations which, in conjunction with
reasonable inferences derived from these observations, led him reasonably to
conclude, in light of his experience, that criminal activity was afoot and the
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person he stopped was involved in that activity." Commonwealth v. Smith,
917 A.2d 848, 851 n.4 (Pa. Super. 2007) (citations omitted).
Instantly, we conclude that Trooper Marmol had reasonable suspicion to
extend the traffic stop beyond the initial traffic violation. First, the stop was
legitimate where the vehicle violated the motor vehicle code by displaying
expired inspection and emissions stickers. See N.T. Preliminary Hearing,
3/8/23, at 15; see also Commonwealth v. Harris, 176 A.3d 1009, 1020
(Pa. Super. 2019) (officer may conduct legitimate traffic stop when he has
witnessed any technical violation of traffic code). Subsequently, during the
course of the traffic stop, Trooper Marmol gathered additional information that
supported further investigation and detention, including Ventura’s “lip
trembling” and his hand “violently trembling” when he provided the officer his
identification. See Sloan, supra. Moreover, Ventura’s identification raised
further suspicion where he provided Trooper Marmol a Puerto Rican
identification card, but Ventura’s criminal history listed him as a resident of
the Dominican Republic. See N.T. Preliminary Hearing, 3/8/23, at 16; see
also Commonwealth Exhibit 4, at 16:16.
Furthermore, Trooper Marmol testified that, based upon a totality of the
circumstances, including his professional experience, he believed the two men
were engaged in criminal activity. See Green, supra. Specifically, Trooper
Marmol testified that the following factors signaled that criminal activity was
afoot: (1) vehicle traveling from Philadelphia to Pittsburgh on Pennsylvania
Turnpike; (2) vehicle recently registered; (3) no license plate bracket on
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vehicle; (4) non-descript vehicle; (5) vehicle’s registered owner not driving
car; and (6) vehicle made delayed stop. See N.T. Preliminary Hearing,
3/8/23, at 19-20. In addition to these specific observations, Trooper Marmol
testified that he has been a police officer for fifteen years, including ten years
with the Pennsylvania State Police, and has completed over 400 hours of
Highway Interdiction and Narcotics training.8 See id. at 10-11.
Thus, based upon a totality of the evidence, we conclude that Ventura’s
claim that Trooper Marmol did not have reasonable suspicion to extend the
traffic stop has no merit where the trooper had legitimate reasons to further
detain Ventura “to investigate[] new suspicions.” Sloan, supra; see also
Commonwealth v. Hayes, 898 A.2d 1089, 1091-94 (Pa. Super. 2006)
(holding officer’s ten years’ experience in particular area “warranted his
forming a reasonable suspicion that some criminal activity was afoot.”).
Judgment of sentence affirmed.
Bowes, J., Joins this Memorandum.
Lane, J., Files a Dissenting Memorandum.
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8 Trooper Marmol testified that Highway Interdiction training is a program that
teaches police to identify vehicles that are involved in criminal activity, make
traffic stops, and assess the traffic stops for criminal activity utilizing the
reasonable suspicion scope. See id. at 11.
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DATE: 10/27/2026
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