Commonwealth v. LaValle
Commonwealth v. LaValle
Opinion of the Court
Opinion by
This appeal is from a judgment of sentence following a finding of guilt by Hon. W. C. Sheely in a non-jury trial on an indictment charging the crime of possessing narcotics.
The only issue raised is whether the search of appellant’s automobile which revealed the presence of heroin and marijuana, made without a search warrant, was in violation of appellant’s constitutional rights. Appellant admits in his brief that the officer who made the search had sufficient information on which to secure a search warrant but contends that he also had sufficient time to secure one and not having done so the search without a warrant was illegal under the Fourth Amendment of the United States Constitution and the evidence recovered thereby inadmissible.
The facts as found by the lower court are stated in its opinion as follows:
“On April 9, 1964, about 10:00 P.M., Trooper Eugene M. Czanca of the Pennsylvania State Police received a call at the Everett barracks from George
“The Trooper then took the men to the police car and asked Epps for the key to the trunk stating that he was going to search the car. Epps gave him the keys and neither defendant objected to the search. In the trunk he found a black garment bag containing clothing and in the clothing he discovered 25 ‘decks’ of silver tin foil packs of white powder and a bag containing loose powder, all of which was later identified as heroin. Lavalle admitted owning the clothing and admitted that the packets contained heroin and that he knew that the ‘stuff’ was in the car.
“The two defendants admitted at the hearing on the motion to suppress evidence that no objection was made to the search but denied that Epps surrendered the keys to Czanca. They both testified that Czanca took the keys from the ignition, Lavalle stating that the engine was running and Epps stating that he had cut the motor of his own accord. Epps also testified that he had no reason to object to a search.”
On the question of the reasonableness of a search of an automobile different considerations apply than where a search is made of a residence. In both cases
The thrust of appellant’s argument is that Officer Czanca had sufficient time to secure a warrant between 10:00 p.m., when he first received the aforestated information and the time the automobile was driven into the Cove Valley Service Station, which was eighteen miles from the Everett Barracks of the State Police and twenty to twenty-five minutes after the officer arrived at that point. Appellant argues that he was traveling on the Pennsylvania Turnpike with limited exits and for that reason was practically a prisoner and easily apprehended. The argument is somewhat novel but untenable for several reasons.
At the outset, appellant’s argument wrongfully assumes that the car in which appellant and his companion were riding would not reach the ai’ea in which the trooper was stationed for some length of time after he received the phone message. It is more reasonable to assume that immediately upon receipt of the message the officer would consider the matter urgent, and immediately take steps to. check the turnpike for a car meeting the given description rather than lose the timé required to secure a warrant.
Secondly, appellant’s argument also wrongfully assumes that his means of escape were' completely covered, whereas there is ample opportunity to depart
Under all the circumstances we conclude that the search of appellant’s car without a warrant was not an unreasonable one. Carroll v. United States, supra; Commonwealth v. One 1958 Plymouth Sedan (McGonigle), supra.
The lower court reached its conclusion partly on its finding that Epps had consented to the search. However, we do not base our decision on that ground and refrain from deciding the effect of appellant’s failure to object when Epps so consented. Epps was found not guilty of the same charge of which appellant was convicted, from which it may be reasonably inferred that he did not know of the presence of the narcotics and therefore readily agreed to the search.
Judgment of sentence affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.