Commonwealth v. Hamlin
Commonwealth v. Hamlin
Opinion of the Court
OPINION ANNOUNCING THE JUDGMENT OF THE COURT
This is an appeal from the order of the Superior Court, reversing an order of the Court of Common Pleas of Allegheny County suppressing evidence obtained in a search of appellant’s residence.
The facts are as follows. On the morning of September 5, 1980, Lieutenant Charles E. Coughlin of the McKeesport Police Department prepared an application for a search warrant for the premises of appellant, Roy L. Hamlin. The probable cause relied upon in securing the warrant was
On March 25, 1981, the Commonwealth proceeded to a suppression hearing on the co-defendant’s motion. After receiving testimony from both Lieutenant Coughlin and
In this appeal the following issues are raised: whether the Superior Court lacked jurisdiction to entertain the appeal, since it did not raise a pure question of law; whether the Superior Court impermissibly substituted its own findings of fact for that of the suppression court; and, whether the Commonwealth’s failure to appeal the suppression court’s finding of insufficient probable cause in appellant’s co-defendant’s case precluded the Commonwealth from challenging the suppression court decision in the instant case.
Appellant erroneously contends that the Superior Court should have been precluded from exercising jurisdiction over the Commonwealth appeal. It is well settled that when a motion to suppress is granted, and when the appellant asserts in good faith that it substantially handicaps or effectively terminates the prosecution for lack of evidence, the Commonwealth has the right to appeal the suppression order. Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963). In the instant case that is precisely what the suppression order accomplished. However, the jurisdiction of the Superior Court and the concomitant right of the Commonwealth to appeal a suppression court’s ruling is limited to pure questions of law. See Commonwealth v. Swint, 256 Pa.Super. 169, 389 A.2d 654 (1978); Commonwealth v. Chinea, 246 Pa.Super. 494, 371 A.2d 944 (1977).
Appellant’s second contention is that in reversing the decision of the suppression court, the Superior Court was
The Superior Court in reviewing the testimony of the issuing magistrate did not find support in the record to justify Judge Louik’s determination that the “issuing magistrate ... appears to have purposely post-dated the search warrant.” (Suppression Court Opinion at 1.) And we agree. It is important to note at this juncture that Judge Louik stated at the suppression hearing that “[he was] not saying that this [misdating] was done purposely.” (S.T. 39.)
No additional findings were made between the time of the suppression hearing and the issuing of the Suppression Opinion to lead Judge Louik to the conclusion that the misdating was a deliberate act. While we are reluctant to undermine a determination of fact found by a lower court, we must do so when the finding is not supported by the record. Commonwealth v. Hall, supra. In the instant case we adopt Judge Louik’s finding stated in the record that the mistake was not deliberate.
Though the standard of review used by the Superior Court in reversing the decision of the suppression court was not specifically raised by appellant, we feel it warrants our attention. The standard applied by the Superior Court was set forth in Commonwealth v. Johnson, 467 Pa. 146, 354 A.2d 886 (1976).
In reviewing the ruling of the suppression court our initial task is to determine whether the factual findings are supported by the record. In making this determination, we are to consider only the evidence of the prosecu*216 tion’s witnesses and so much of the evidence for the defense as fairly read in the context of the record as a whole, remains uncontradicted. Commonwealth v. Goodwin, 460 Pa. 516, 522-23, 333 A.2d 892, 895 (1975).
Id., 467 Pa. at 151-152, 354 A.2d at 889.
This standard was applied where a defendant was appealing the adverse ruling of a suppression court. Here the Commonwealth is appealing the decision of the suppression court. Accordingly, they should be required to meet the same burden as a defendant who has lost below. Thus, where the Commonwealth is appealing the adverse decision of a suppression court, a reviewing court must consider only the evidence of the defendant’s witnesses and so much of the evidence for the prosecution as read in the context of the record as a whole remains uncontradicted. To hold otherwise would make a mockery of the suppression court and place an impossible burden on every defendant regardless of his success or failure at the suppression hearing.
Application of this standard in the instant case, however, would not result in a- decision contrary to that of the Superior Court. The defendant offered no testimony at the suppression hearing and the Commonwealth’s uncontradicted testimony at the suppression hearing was as follows: Lt. Coughlin of the McKeesport Police Department prepared a search warrant for appellant’s residence on September 5, 1980, and it was issued that same day at 2:00 p.m. The defense pointed out that on the face of the warrant the date of issuance was September 6, 1980, at 8:00. The issuing magistrate testified that the error was made because the police informed him that they were going to conduct the search at that time (September 6) and he inadvertently put that date on the warrant. (S.T. at 24.) The magistrate further testified that he knew he signed the warrant on September 5, 1980, because that was a Friday, and he is rarely assigned on Saturdays. (S.T. at 24) The Superior Court did not feel this testimony supported a finding of purposeful misdating on the part of the magistrate. We agree.
In addition warrants which contain typographical errors have been distinguished from those which contain errors or omissions affecting the constitutional protections of the Fourth Amendment. Commonwealth v. Chinea, supra, 246 Pa.Super. 494, 496, 371 A.2d 944, 945 (1977). Analyzing the warrant from this perspective we do not feel that suppression of the evidence was required. Appellant has not been, nor does he offer any evidence to the effect that he was prejudiced by the misdating. Additionally, the police conducted the search well within the forty-eight (48) hours, and therefore, did not benefit from any extra time as a result of the error. Consequently, the Superior Court’s order reversing the order of the suppression court is affirmed. However, because the Suppression Court did not rule on appellant’s contention that the warrant was issued without probable cause we remand to the Suppression Court for disposition of the probable cause issue.
. The Superior Court decision is reported at Commonwealth v. Hamlin, 302 Pa.Super. 86, 448 A.2d 538 (1982).
. Pa.R.Crim.Pro. 2005
Each search warrant shall:
(a) specify the date and time of issuance;
(b) identify the property to be seized;
(c) name or describe with particularity the person or place to be searched;
(d) direct that the search be executed within a specified period of time, not to exceed two (2) days from the time of issuance;
(e) direct that the warrant be served in the daytime unless otherwise authorized, provided that, for purposes of the Rule of Chapter 2000, the term "daytime” shall be used to mean the hours of 6 a.m. to 10 p.m.;
(f) designate by title the judicial officer to whom the warrant shall be returned.
Dissenting Opinion
dissenting.
The lower court determined that the time of issuance was purposely misdated by the magistrate. The majority concludes that this finding is not supported by the evidence presented during the suppression hearing. This conclusion is based upon what is perceived to be a discrepancy between
The scope of appellate review should be. limited to a determination of whether or not the findings of fact are supported by the record. Reversal of a lower court’s findings should not rest upon a perusal of the record which discloses a statement that seemingly contradicts those findings.
The majority further justifies its affirmance of the Superior Court’s order by suggesting that the Appellant has not been prejudiced, and the police officers did not benefit from the post-dating of the warrant. Pennsylvania Rule of Criminal Procedure 2005(d) requires a search warrant to “direct that the search be executed within a specified period of time, not to exceed two (2) days from the time of issuance.” As indicated in the Comment to the rule, subparagraph (d) is a limitation on reasonableness of the delay between the issuance and service of a search warrant. Therefore, the time of issuance is critical. Where, as here, the suppression court has determined that the time of issuance was purpose
I respectfully dissent.
. In any event, review of the entire record does not disclose the discrepancy perceived by the majority. Rejecting the Commonwealth’s argument that the date of issuance was an inadvertent error, Judge Louik stated that the evidence introduced by the Commonwealth contradicted this contention because it was admitted that the application for a search warrant was improperly executed and that the magistrate testified he had fixed the next morning as the time for the issuance of the search warrant because he was informed that the warrant would be executed at that time. (N.T. pp. 38-40)
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellee, v. Roy L. HAMLIN, Appellant
- Cited By
- 143 cases
- Status
- Published