Commonwealth v. Caudell
Opinion of the Court
— On April 23, 2014, the Defendant filed a timely Omnibus Pretrial Motion.. A hearing on the motion was held on June 23, 2014.
I. Background
On February 23, 2014, the Lycoming County 911 Communications Center received a complaint that a juvenile pointed a gun at another and then went into the residence at 610 Penn Street, Williamsport, Pennsylvania. At 3:52 P.M., the Communications Center notified police of an incident involving a gun at 610 Penn Street. During the hearing on the Omnibus Pretrial Motion, Officer Joshua Bell of the Williamsport Bureau of Police testified that upon notification of the complaint, he and one or two other officers proceeded to 610 Penn Street, while another group of officers proceeded to the complainant’s location, which was also on Penn Street. While en route to 610 Penn Street, Bell was notified that the juvenile who allegedly pointed the gun was wearing an orange shirt and had cornrows. Bell testified that he arrived at 610 Penn Street between three and seven minutes after police were notified of the compliant. According to Communications Center’s call log, Bell arrived at 610 Penn Street at 3:55 P.M. Bell testified that the complainant was the person at whom the juvenile pointed the gun, but he also testified that he did not talk with the complainant and did not know whether the complainant was reliable.
Bell testified that officers then went through the residence to look “for anybody else that might be in the residence.” Bell testified that the officers did this to make sure that “no one else was in there when officers are in there.” While going through the residence, officers noticed a strong odor of marijuana and several items of drug paraphernalia. They did not find anyone else in the residence. The officers exited the residence and applied for a warrant to search the residence for controlled substances and drug paraphernalia.
Although it is unclear exactly when, the juvenile told the officers that a gun was inside the residence in an entertainment center. On direct examination, Bell testified that he asked the juvenile about a gun before the officers entered the residence. On cross examination, Bell testified that he could not remember whether he asked about a gun before or after entering the residence. The juvenile testified that police asked him about a gun after they entered the residence. The juvenile also testified that he told the officers that the gun was a BB gun.
At 5:3 5 P.M., Magisterial District Judge Gary Whiteman (Whiteman) issued a warrant to search 610 Penn Street for controlled substances and drug paraphernalia. At
The defendant was charged with Possession ofMarij uana with intent to deliver.
During the hearing on the defendant’s omnibus pretrial motion, the Commonwealth argued that the initial entry did not violate the defendant’s rights because the officers did indeed have a reasonable belief that the residence
II. Discussion
A. The Exigent Circumstances Exception to the Fourth Amendment Warrant Requirement
“The United States Supreme Court has recognized that there are ‘exigent circumstances’ which justify a warrantless search incident to an arrest.” Commonwealth v. Curry, 494 A.2d 1146, 1148 (Pa. Super. 1985). “Absent probable cause and exigent circumstances, the entry of a home without a warrant is prohibited under the fourth amendment.” Commonwealth v. Roland, 637 A.2d 269, 270 (Pa. Super. 1994) (citing Payton v. New York, 445 U.S. 573, 583-90 (1980)). Among the factors to be considered [in determining the existence of exigent circumstances] are:
(1) the gravity of the offense, (2) whether the suspect is reasonably believed to be armed, (3) whether there is above and beyond a clear showing of probable cause, (4) whether there is strong reason to believe that the suspect is within the premises being entered, (5) whether there is a likelihood that the suspect will escape*552 if not swiftly apprehended, (6) whether the entry was peaceable, and (7) the time of the entry, i.e., whether it was made at night.
Commonwealth v. Wagner, 406 A.2d 1026, 1031 (Pa. Super. 1979). “Other factors may also be taken into account, such as whether there is hot pursuit of a fleeing felon, a likelihood that evidence will be destroyed if police take the time to obtain a warrant, or a danger to police or other persons inside or outside the dwelling.” Roland, 637 A.2d at 271.
The exigencies of police during an arrest in a confined area give rise to a protective sweep. A protective sweep is “a quick and limited search incident to an arrest and conducted to protect the safety of police officers or others; it is narrowly confined to a cursory visual inspection of those places in which a person may be hiding.” Commonwealth v. Crouse, 729 A.2d 588, 592 (Pa. Super. 1999). In Maryland v. Buie
There is an...interest of the officers in taking steps to assure themselves that the house in which a suspect is being, or has just been, arrested is not harboring other persons who are dangerous and who could unexpectedly launch an attack. The risk of danger in the context of an arrest in the home is as great as, if not greater than, it is in an on-the-street or roadside investigatory encounter.... A protective sweep...occurs as an adjunct to the serious step of taking a person into custody for*553 the purpose of prosecuting him for a crime. Moreover, unlike an encounter on the street or along a highway, an in-home arrest puts the officer at the disadvantage of being on his adversary’s “turf.” An ambush in a confined setting of unknown configuration is more to be feared than it is in open, more familiar surroundings.
494 U.S. at 333.
The Supreme Court held that “the fourth amendment would permit [a] protective sweep undertaken...if the searching officer ‘possessed a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warranted the officer in believing,’ that the area swept harbored an individual posing a danger to the officer or others.” 494 U.S. at 327 (quoting Michigan v. Long, 463 U.S. 1032, 1049-50 (1983)).
In Commonwealth v. Crouse,
B. Cases Dealing with Exigent Circumstances
In Commonwealth v. Curry
[Police] had no way of knowing whether or not anyone else was in the apartment. More importantly, police knew that a shooting incident had just occurred, an eyewitness identified defendant as the assailant, defendant was observed to be sweaty and his shirt was blood-spattered, and the gun used in the shooting incident was not yet accounted for when they arrested defendant on his porch. Under these circumstances, it was not unreasonable for police to enter the apartment and make a brief security check to ensure that no one remained inside the apartment who might use the as yet unaccounted for weapon. Such conduct is perfectly consistent with the rationale underlying the exigent circumstances doctrine, namely: the need to ensure the safety of police officers. In an emergency situation such as this, the potential threat of the unknown can be more dangerous than the threat of the known. We think it is unreasonable to ask police officers arriving at the scene*555 of a shooting incident and arresting defendant on his porch, to assume that nobody else was in defendant’s apartment.
The court also wrote:
It would be stretching the boundaries of logic to hold that the need to ensure the safety of an arresting officer (and, in this case, the people who had gathered near the apartment) is not as great when he arrests a suspect on his porch, in front of the screen door, as when he arrests a suspect inside the apartment, just on the other side of the screen door. Furthermore, it is clear from the facts of this case that police could have legally arrested defendant inside of his apartment. A crime of violence had been committed; it was reasonable to assume that the suspect had a gun; police had probable cause to arrest; and they had a strong reason to believe that the suspect was on the premises.
In Commonwealth v. Norris,
After arriving at an apartment building that matched the description given by the victim, police went to the apartment with the number that the victim told them. Id. A women across the hall from the apartment told police that a person fitting the description of the rapist lived with his brother in the apartment. Id. at 248 and 252.
Police entered the apartment and arrested the defendant. Id. at 252. After arresting the defendant, police entered a bedroom and saw a knife in plain view. Id. at 249-50. The Supreme Court of Pennsylvania held that the trial court properly allowed the knife to be introduced into evidence because the police were justified in going into the bedroom. Id. at 250. The court wrote:
[T]he police had every reason to believe a firearm was available to the occupants of the apartment and that one of its usual occupants, [defendant’s] brother, whom defendant had implicated in his threats of harm to the victim, was unaccounted for in the living room. To expect these officers to turn their backs on the bedrooms is to expect too much. They therefore had a right to enter the bedroom to insure their safety from that quarter.
Id. at 249.
In Commonwealth v. Taylor,
The Supreme Court of Pennsylvania held that the police had conducted a constitutional protective sweep when they went into the store’s basement. Id. at 1267-68. The court wrote:
[T]here are specific and articulable facts, which “when taken together with the rational inferences from those facts,” would give the police reasonable concerns for their safety. Here, after extensive surveillance and probable cause of unlawful activity, the police entered a building to search for narcotics. Once inside the convenience store, the police apprehended [a person] and located a large quantity of a controlled substance but could not confirm the whereabouts of two individuals who had just entered. As the only accessible area adjoining the first floor, the basement provided a logical hiding place for [the two individuals]. The police entered the basement under a reasonable belief that third parties were present and could pose a threat to*558 them, therefore exigent circumstances legally justified the protective sweep of the basement.
Id. at 1268.
In Commonwealth v. Webb,
When a police officer arrived at the defendant’s residence, he saw the defendant’s sister outside. Id. The sister was detained for investigatory purposes. Id. The officer then made contact with the defendant, who was inside the residence. Id. at 2. Abiding by the officer’s request, the defendant came out of the residence. Id. He was then arrested. Id. A search of the defendant did not yield a gun. Id.
The officer then entered the defendant’s residence for safety reasons. Id. While in the residence, the officer saw drug paraphernalia in plain view. Id. The officer then applied for and obtained a warrant to search the residence for drug paraphernalia. Id. at 2-3. Drug paraphernalia and a BB gun were found during the search. Id. at 3.
The Honorable Kenneth Brown of the Court of Common Pleas of Lycoming County suppressed the evidence obtained from the entry and the evidence obtained from the search. Id. at 5-6. The court wrote, “There was no immediate exigency confronting the officer which would
C. Law of Police Interaction with Citizens
The above cases show that in order to enter a home because of exigent circumstances, police must have probable cause to make an arrest.
A court must take into account the “totality of the circumstances” when determining whether an officer had probable cause. See Illinois v. Gates, 462 U.S. 213, 238 (1983).
“In order to arrest without a warrant, the officer must have a reasonable belief in the probability of criminal activity by the person to be arrested. However, that belief
If one police officer has probable cause to arrest aperson, other police officers can arrest that person “even though they [are] unaware of the specific facts that established probable cause.” United States v. Hensley, 469 U.S. 221, 230-31 (1985); see also Whiteley v. Warden, Wyo. State Penitentiary, 401 U.S. 560, 568 (1971).
“[T]he statement of a victim, identifying the perpetrator of a crime, has been found sufficient to establish probable cause for that person’s arrest.” Stokes, 389 A.2d at 77. In Commonwealth v. Hall,
The victim’s immediate reaction, even though she made no verbal communication, was a sufficient communication from which reasonable police officers could conclude that the appellant was not a stranger but was the man who had attacked her. The police were observing the victim’s reactions when she first saw the appellant and saw that the victim had lost control of herself. Nothing occurred that would explain her reactions except an inferred recognition of her attacker. We cannot say that at that point the police did not have probable cause to detain the appellant.
Id.
“A detailed citizen’s report of a specific crime in progress is appropriately addressed by a prompt investigatory stop; general information to police about aperson who has broken the law in the past is not.” Commonwealth v. Collazo, 692 A.2d 1116, 1119 (Pa. Super. 1997). Just because an officer can make an investigatory stop does not mean that the officer has probable cause to arrest.
In Adams v. Williams,
The informant was known to [the officer] personally and had provided him with information in the past. This is a stronger case than obtains in the case of an anonymous telephone tip. The informant here came forward personally to give information that was immediately verifiable at the scene.
Id. at 146. The court noted that the informant’s tip “may have been insufficient for a narcotics arrest.” Id. at 147.
“When...the underlying source of the police department’s information is an anonymous telephone call,
[I]f the police do not even know an informant’s name, or have never had any dealings with the informer on prior occasions, then it cannot reasonably be said that they have any adequate basis to ascertain anything about the informant’s reliability, veracity, or the accuracy of his or her tip.
D. The Commonwealth has not Shown that Police had
Under Pennsylvania Rule of Criminal Procedure 581(H), the Commonwealth has the burden of proving by a preponderance of the evidence that challenged evidence was not obtained in violation a defendant’s rights. See comment to Pa. R. Crim. P. 581. After reviewing the circumstances of the entry into 610 Penn Street, this court finds that the Commonwealth has not met its burden. As mentioned above, probable cause can be established through a victim’s statements, but police must necessarily determine that there is in fact a victim of a crime. While in some situations, police can almost instantaneously determine that a person is a victim, when there is no physical evidence, statements of witnesses and the person who claims to be a victim are particularly important in determining whether a crime has occurred. The officers who went to 610 Penn Street did not talk with the complainant or any witnesses. They could have acted on the information possessed by the officers at the complainant’s location, but the Commonwealth did not present the testimony of any of the officers who went to the complainant. This court will not speculate on what was known to the officers who went to the complainant. It is left with only the testimony of Officer Bell.
Bell testified that the complainant was the person at whom a gun was pointed, but Bell could not have made this determination before he entered 610 Penn Street because he did not talk with the complainant or witnesses. At the time of entry, Bell knew only that a person inside 610 Penn Street with an orange shirt and cornrows had been
If Bell had the reasonable suspicion needed to detain the juvenile for investigatory purposes, information obtained from questioning the juvenile could contribute to the establishment of probable cause. This court, however, does not need to decide if Bell had the requisite reasonable suspicion because it is unclear what Bell discovered between the time he detained the juvenile and the time of entry into the residence. On direct examination, Bell testified that before entering the residence, he asked the juvenile about a gun, and the juvenile responded that a gun was inside an entertainment center in the residence. On cross examination, however, Bell testified that he did not remember whether he asked the juvenile about a gun before or after officers entered the residence. In addition, the juvenile testified that he told the officers about a gun in an entertainment center after they went through the residence. The juvenile also testified that he told the officers that the gun was a BB gun. Because of Bell’s uncertain testimony, this court cannot credit Bell with having the knowledge of a gun inside the residence before he entered. Even if Bell knew a gun was in the residence,
E. Police Entry into the Residence at 610 Penn Street was Unlawful.
Because the police did not have probable cause to arrest anyone at 610 Penn Street, their entry into the residence violated the defendant’s constitutional rights.
F. Evidence Acquired as a Result of an Unlawful Search Must be Excluded Unless the Evidence Would have Been Inevitably Discovered.
In Murray v. United States,
The exclusionary rule prohibits introduction into evidence of tangible materials seized during an unlawful search and of testimony concerning knowledge acquired during an unlawful search. Beyond that, the exclusionary rule also prohibits the introduction of derivative evidence, both tangible and testimonial, that is the product of the primary evidence, or that is otherwise acquired as an indirect result of the unlawful search, up to the point at which the connection with the unlawful search becomes “so attenuated as to dissipate the taint.”
487 U.S. at 536-37 (citations omitted).
“The inevitable discovery doctrine, with its distinct requirements, is in reality an extrapolation from the independent source doctrine: Since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered.” Murray v. United States, 487
G. The Evidence Obtained from the Residence at 610 Penn Street Should be Excluded as it Would not Have Been Inevitably Discovered.
The officers obtained a warrant to search 610 Penn Street for controlled substances and drug paraphernalia. The decision to seek the warrant was prompted by the officers seeing several items of drug paraphernalia and smelling the strong odor of marijuana during the unlawful entry into 610 Penn Street. These observations were presented to MDJ Whiteman and likely affected MDJ Whiteman’s decision to issue the warrant as there was no other mention of drugs or drug paraphernalia in 610 Penn Street in the affidavit of probable cause. Therefore, the search pursuant to the warrant was not a genuinely independent search. As with any evidence obtained during the unlawful entry, any evidence obtained during the search pursuant to the warrant should be excluded.
In order to enter a home because of exigent circumstances, police must have probable cause to make an arrest. Here, the Commonwealth has not shown that police had probable cause to arrest anyone at 610 Penn Street. Therefore, the officers’ initial entry into 610 Penn Street violated the defendant’s constitutional rights. Any evidence obtained during the unlawful entry should be excluded from evidence. In addition, any evidence obtained during the subsequent search pursuant to the warrant should be excluded from evidence.
ORDER
And now, this 16th day of September, 2014, based on the foregoing opinion, the defendant’s motion to suppress evidence is hereby granted. It is ordered and directed that any evidence obtained during the officers’ initial entry into the residence and any evidence obtained during the search pursuant to the warrant be suppressed.
. Possession of Marijuana with intent to deliver is defined in 35 P.S. § 780-113(a)(30). It is a felony. 35 P.S. § 780-113 (f)(2).
. 494 U.S. 325 (1990)
. 729 A.2d 588 (Pa. Super. 1999).
. 494 A.2d 1146 (Pa. Super. 1985).
. 446 A.2d 246 (Pa. 1982).
. 771 A.2d 1261 (Pa. 2001).
. No. 00-10212 (Brown, J., Oct. 17, 2000).
. In Roland, the court wrote, “absent probable cause and exigent circumstances, the entry of a home without a warrant is prohibited under the fourth amendment.” 637 A.2d at 270 (emphasis added). In Buie, the Court wrote, “A protective sweep ... occurs as an adjunct to the serious step of taking a person into custody for the purpose ofprosecuting him for a crime. 494 U.S. at 333 (emphasis added). In Crouse, the court defined a protective sweep as “a quick and limited search incident to an arrest.” 729 A.2d at 592 (emphasis added). In Curry, the court noted that police had probable cause and could have legally arrested the defendant inside the apartment. 494 A.2d at 1151. In Norris, police conducted an interview with the victim in order to obtain information before they arrested the defendant. 446 A.2d at 248. In Taylor, police conducted a three-week surveillance and used an informant. 771 A.2d at 1264.
. 317 A.2d 891 (Pa. 1974).
. “It is well settled that there are three distinct levels of interaction between law enforcement and the general public. The first level is the
. 407 U.S. 143 (1972).
. 756 A.2d 23, 35 (Pa. Super. 2000).
. 487 U.S. 533 (1988).
. Because of the emphasis on the importance of privacy in Pennsylvania jurisprudence, Pennsylvania’s independent source doctrine is more limited than the federal independent source doctrine. See Commonwealth v. Melendez, 676 A.2d 226, 231 (Pa. 1996). “Application of the ‘independent source doctrine’ is proper only in the very limited circumstances where the ‘independent source’ is truly independent from both the tainted evidence and the police or investigative team which engaged in the misconduct by which the tainted evidence was discovered.” Id. at 231 (quoting Commonwealth v. Mason, 637 A.2d 251, 257-58 (Pa. 1993) (Cappy, J., dissenting)). The Supreme Court of Pennsylvania eased the independent police team requirement in Commonwealth v. Henderson, 47 A.3d 797, 805 (Pa. 2012).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.