Commonwealth v. Guyton
Commonwealth v. Guyton
Opinion of the Court
Opinion by
In this appeal, appellant challenges the admission into evidence of a gun and certain money seized by police and the identification made of him by the victim of the crime. Although the court below may have erred in denying appellant’s motion to suppress such evidence, that error was at most harmless.
Appellant argues that his testimony should not be permitted to cure the pre-trial rulings on the alleged illegal evidence because the introduction of such evidence entitled him to take the stand to offset the resulting prejudice. For authority, appellant cites Unit
Appellant also complains that he did not intelligently and knowingly waive his right to a jury trial
Judgment affirmed.
Although the scope of cross-examination was objected to at trial, appellant has not raised that issue on this appeal.
In Harrison v. United States, 392 U.S. 219 (1968), defendant took the stand to explain away the illegally obtained confession that had been introduced into evidence by the prosecution. There, the United States Supreme Court found, as did the court in United States v. Puco, 453 F.2d 539 (2d Cir. 1971), cert. denied, 414 U.S. 844 (1973), that the admissions were impelled by the prior erroneous ruling. However, unlike Harrison and Puco, the admissions in the present case were elicited on cross-examination, and, thus, obtained by methods purged of any possible prior illegality.
Dissenting Opinion
Dissenting Opinion by
In affirming a criminal conviction, the Majority in its OpiMon, frames the issue presented on appeal as follows: “In tMs appeal, appellant challenges the admission into evidence of a gun and certain money seized by police and the identification made of him by the victim of the crime. Although the court below may have erred in denying appellants motion to suppress such evidence, that error was at most harmless.” (Emphasis added). Without discussing the issues raised by the appellant concerning the warrantless search of an entire house incident to the arrest of the wrong man, tMs Court justifies the possible error of admitting the physical evidence by alerting us that the defendant took the stand and testified to possessing the seized items under exculpatory circumstances. I must strenuously dissent from tMs “correction” of error by Mndsight.
On May 2, 1972, a robbery occurred at the Upsal Cleaners, 5900 Greene Street in PMladelpMa. At about 4:00 p.m., responding to a radio call, Officer Certain proceeded to the scene where he saw an unidentified Negro male within a half block of the business establishment. Officer Certain, relaying the broadcast description, asked the individual if he had seen “a Negro male, about 145 pounds, dark complexion, wearing a
As they entered, the officers observed a Negro male having “a hat and shirt on just like the suspect had on . . . ,” and promptly arrested him. They then proceeded, without a warrant, to ascend the stairs to the second floor in an effort to find the contraband.
Police then returned to 157 West Price Street and re-entered the door which they had left ajar. They searched the entire residence again and found the appellant under a bed. Police returned to the scene and this time the complainant identified the appellant as the robber.
Appellant was charged with burglary, aggravated robbery, playfully pointing and discharging a deadly
The Fourth Amendment to the United States Constitution protects the right of the people to be secure in their person, home, papers and effects by providing that searches shall not be conducted “. . . but upon probable cause, supported by oath or affirmation.” These guarantees have been held to be applicable to the States by virtue of the Fourteenth Amendment’s due process clause. Mapp v. Ohio, 367 U.S. 643 (1961). In all but a narrowly circumscribed area of “exceptional circumstances”, police must obtain a search warrant prior to a search of a person or his property. Amy warrantless search not within these well-delineated exceptions is per se unreasonable under the Fourth Amendment. Coolidge v. New Hampshire, 403 U.S. 443 (1971).
Where there is no probable cause to arrest, police have a right under appropriate circumstances to stop and interview a person for purposes of investigation. In such a situation, officers may search the person and the immediate vicinity within that person’s reach for weapons where the officers have reason to believe their safety is endangered. Terry v. Ohio, 392 U.S. 1 (1968); Sibron v. New York, 392 U.S. 40 (1968). This has always been a strictly limited right.
When a search is made incident to an arrest, two factors must coexist to justify the warrantless search: (1) the arrest must be valid under the authority given to the arresting officer; and, (2) there must have been
In the instant case, a police officer on patrol received a radio message that a robbery had taken place at a nearby business establishment. He received a detailed description of the alleged robber and upon coming on the scene was informed by a passer-by that he had seen a person fitting that description running into a house less than a block away from the scene. At this point, Officer Certain had a strong reason to believe that the suspect had entered 157 West Price Street. The record shows that the police announced their purpose upon knocking at the door, but did not wait very long to allow the female voice to admit the police. This, of course, is repugnant to established precedent which frowns upon the invasion of an individual’s dignity and privacy without giving the occupant “a reasonable opportunity to surrender his privacy voluntarily.” Commonwealth v. DeMichel, 442 Pa. 553, 561, 277 A. 2d 159 (1971); Commonwealth v. Riccardi, 220 Pa. Superior
When the door was opened, police noticed a man fitting the description given by the victim, and immediately arrested him and his wife. Because of the proximity of the residence to the scene, the observations of the unidentified passer-by, and the relatively instantaneous discovery of the alleged suspect following the robbery, police certainly had probable cause to arrest the man they assumed had run into the house from the direction of the scene. The circumstances also warranted a search of the man by police for the gun used in the robbery and any of the stolen money. The question is whether the police were justified in continuing to search the entire house, including the upstairs bedrooms where the gun and money were found.
In United States v. Robinson, 414 U.S. 218, 94 S. Ct. 467 (1973), wherein the Supreme Court upheld the conviction of the respondent on whom heroin was found after a search following an arrest for a traffic violation, the Court outlined the scope of a warrantless search incident to an arrest: “It is well settled that a search incident to a lawful arrest is a traditional exception to the warrant requirement of the Fourth Amendment. This general exception has historically been formulated into two distinct propositions. The first is that a search may be made of the person of the arrestee by virtue of the lawful arrest. The second is that a search may be made of the area within the control of the arrestee.” 94 S. Ct. at 471.
The scope of a valid search incident to an arrest was announced in Chimel v. California, 395 U.S. 752, 762-763 (1969), reversing previous decisions by the Supreme Court allowing a broader scope in such cases:
This permissible area of a search incident to the arrest may be extended by “exceptional circumstances” which justify a search beyond the person of the arrestee. Probable cause does not provide exigent circumstances, nor vice versa. “... [A] dual inquiry must be made. First, whether there existed probable cause
Once having the suspect in custody and not having any reason to believe that others were involved in the robbery, the police were not justified in conducting a general search of the house without first obtaining a warrant. While they were justified in searching the suspects and searching the area within their “immediate control”, and while there may have been probable cause to issue a warrant for the premises “exigent circumstances” did not exist to legalize a general warrant-less search of the bedrooms on the second floor. See Vale v. Louisiana, 399 U.S. 30 (1970), holding that a warrantless search of arrestee’s house where the arrest took place outside the house was not justified. Also, United States v. Becker, 485 F. 2d 51 (6th Cir. 1973) (search of desk drawer three to five feet from the spot where man was arrested was valid, but items seized as a result of warrantless search of entire residence suppressed); United States v. Bonds, 422 F. 2d 660 (8th Cir. 1970) (search of upstairs bedroom not justified where defendant was arrested in his first-floor living room).
After the police realized that they had arrested the wrong man, they returned to the premises and continued a search of the upstairs bedrooms. They found the appellant under a bed. They took the appellant back to the scene whereupon the victim identified the appellant as the robber. The victim had earlier identified the stolen money and the gun found in the house and this fact weighed heavily in both the decision by the police to return to the premises and the victim’s subsequent identification of the appellant, who by this time was not wearing the tee shirt or hat described by the victim. “It is axiomatic that an incident search
I would reverse the judgment of sentence, vacate the conviction, and order the appellant discharged.
Dissenting Opinion by
I agree with Judge Hoffman that if there was error it was not harmless. I also agree with him that when the police had arrested the first suspect on the first floor they were precluded by Ghvmel from making a general warrantless search of the second floor. Howevér, Judge Hoffman states that “[a]fter the failure of the victim to identify [the first suspect], the police could not assume, in the absence of the discovery of the items seized as a result of the general search, that another man was present in the house.” I am not so sure. The store was not far away, the robbery not long ago, and the police had some assurance that the robber had run into the house. Even if they had not found the money, gun and clothing on the second floor I suspect they would have gone back to look for another man, once the victim had said they had the wrong man. I should therefore remand for further hearing. If the hearing judge were to conclude that he could not tell what the police would have done, I should agree that the arrest of appellant was bad. But if the judge were to conclude that the police would have gone back, then I should like the benefit of his findings on whether they would have been justified in doing so. I think they might have been, in which case I should suppress the improperly seized money, gun and clothing but order a new trial without that evidence.
During the trial, Officer Certain was asked on cross-examination: “Q. Well, then after you had him in custody and after you had the girl, she eouldn’t go anywhere, why did you go upstairs? A. Why did we go upstairs? To continue the search. Q. For what? A. For this. For the things. Q. What things? A. The gun. The money.”
United States v. Rabinowitz, 339 U.S. 56 (1950); Harris v. United States, 331 U.S. 145 (1947).
Reference
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