Commonwealth v. Albino

652 A.2d 953, 438 Pa. Super. 562, 1995 Pa. Super. LEXIS 7
CourtSuperior Court of Pennsylvania
DecidedJanuary 5, 1995
StatusPublished
Cited by10 cases

This text of 652 A.2d 953 (Commonwealth v. Albino) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Albino, 652 A.2d 953, 438 Pa. Super. 562, 1995 Pa. Super. LEXIS 7 (Pa. Ct. App. 1995).

Opinions

[564]*564CIRILLO, Judge:

The Commonwealth of Pennsylvania appeals from the order of the Court of Common Pleas of Philadelphia County, granting Rudolph Albino’s motion to suppress 18 vials of crack cocaine. We reverse.

On September 8, 1992, Albino was charged with possession of a controlled substance and possession with intent to deliver a controlled substance. On November 11, 1992, Albino filed an omnibus pre-trial motion to suppress evidence of crack cocaine seized from his person, claiming that the police lacked probable cause to arrest at the time that the search and subsequent seizure occurred. On May 24, 1993, following a suppression hearing, the Honorable Albert John Snite, Jr. granted Albino’s motion to suppress. This appeal followed.

On appeal, the Commonwealth presents the following issue for our review:

Did the police lack probable cause, to arrest, where Officer Meissler observed Albino engage in a surreptitious sale of “small” objects in an area where Officer Meissler had conducted numerous arrests for narcotics offenses?

In reviewing an order granting a motion to suppress evidence, we must determine whether the factual findings of the suppression court are supported by evidence of record. Commonwealth v. Frank, 407 Pa.Super. 500, 502, 595 A.2d 1258, 1259 (1991). In making this determination, we may consider only the evidence of the defendant’s witnesses and so much the Commonwealth’s witnesses as fairly read in the context of the record remains uncontradicted. Commonwealth v. Dennis, 417 Pa.Super. 425, 427, 612 A.2d 1014, 1015 (1992). If the evidence supports the factual findings of the trial court, we are bound by such findings, and we may reverse only if the legal conclusions drawn therefrom are erroneous. Id.

The suppression court made the following factual findings: On September 8, 1992, Officer Gregory Meissler conducted routine surveillance of the corner of Mutter and Cambria Streets in Philadelphia, using a pair of binoculars. At approx[565]*565imately 12:55 p.m., Officer Meissler observed an unidentified Black female approach Albino, who was standing in front of a building on the 2900 block of Mutter Street. As the woman reached Albino’s position, Officer Meissler witnessed Albino reach beneath the waistband of his pants, pull out a purse, remove some “objects”1 from the purse, and hand those objects to the unknown female in exchange for United States currency. In Officer Meissler’s expert opinion as a trained police officer,2 the transaction he witnessed involved the sale of controlled substances. Pursuant to this belief, Officer Meissler approached Albino and, after patting him down for weapons, asked him to open his trousers and remove the purse he had hidden there. Upon complying with this request, Officer Meissler examined the contents of the purse and discovered 18 yellow capped vials of crack cocaine and $13.00 in cash. Officer Meissler immediately placed Albino under formal arrest.

In the case at hand, the Commonwealth argues that the trial court erred in suppressing the 18 vials of crack cocaine seized from Albino’s person by Officer Meissler. Specifically, the Commonwealth asserts that Officer Meissler conducted a valid search incident to a lawful arrest, based upon probable cause that Albino committed an illicit sale of narcotics. We agree.

In general, a search conducted without a warrant is presumed unreasonable unless it is undertaken under a recognized exception to the warrant requirement. Commonwealth v. Agnew, 411 Pa.Super. 63, 74, 600 A.2d 1265, 1271 (1991). A search incident to a lawful arrest is one such exception. Id. [566]*566To be lawful, a warrantless arrest must be supported by probable cause. The standard for determining whether probable cause exists is the “totality of the circumstances” test announced in Illinois v. Gates, 462 U.S. 213,103 S.Ct. 2317, 76 L.Ed.2d 527 (1982). Commonwealth v. Guzman, 417 Pa.Super. 364, 367, 612 A.2d 524, 525 (1992). Probable cause to arrest exists when the facts and circumstances contemporaneous with the arrest would warrant a reasonable person to believe that a crime had been committed and that the suspect had committed it. Id. (citations omitted). Moreover,

[w]hen we examine a particular situation to determine if probable cause exists, we consider all the factors and their total effect, and do not concentrate on each individual element.... We also focus on the circumstances as seen through the eyes of the trained officer, and do not view the situation as an average citizen might.... Finally, we must remember that in dealing with questions of probable cause, we are not dealing with certainties. We are dealing with the factual and practical considerations of everyday life on which reasonable and prudent men act. This is not the same ‘beyond a reasonable doubt’ standard which we apply in determining guilt or innocence at trial. Commonwealth v. Devlin, 221 Pa.Super. 175, 289 A.2d 237 (1972).

Guzman, 417 Pa.Super. at 367-68, 612 A.2d at 525 (emphasis added). See also Agnew, supra; Commonwealth v. Ellis, 354 Pa.Super. 11, 510 A.2d 1253 (1986); Commonwealth v. Simmons, 295 Pa.Super. 72, 440 A.2d 1228 (1982).

Furthermore, when a police officer observes citizens engaged in suspicious transactions on public thoroughfares, the determination of whether probable cause exists is ordinarily a difficult one. Agnew, 411 Pa.Super. at 76, 600 A.2d at 1272. In fact, the Pennsylvania Supreme Court has observed that in such cases “all the circumstances surrounding a transaction between citizens are to be considered in determining whether law enforcement officers have acted arbitrarily or have acted on the basis of probable cause.” Id. (citing Commonwealth v. Lawson, 454 Pa. 23, 27, 309 A.2d 391, 394 (1973)). In making such a determination, the Lawson Court elaborated that:

[567]*567All of the detailed facts and circumstances must be considered. The time is important; the street location is important; the use of a street for commercial transactions is important; the number of such transactions is important; the place where the items were kept by one of the sellers is important; the movement and manners of the parties are important.
s}« ijs sfc
It is difficult to isolate any one fact or circumstance and assign to it a given weight. If any one of the facts and circumstances, which we have detailed, were missing, the necessary conclusion of probable cause might not be allowable.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Dunlap
846 A.2d 674 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Ruby
31 Pa. D. & C.4th 515 (Erie County Court Common Pleas, 1996)
Commonwealth v. Johnson
664 A.2d 178 (Superior Court of Pennsylvania, 1995)
Commonwealth v. Lopez
664 A.2d 154 (Superior Court of Pennsylvania, 1995)
Commonwealth v. Albino
664 A.2d 84 (Supreme Court of Pennsylvania, 1995)
Commonwealth v. Evans
661 A.2d 881 (Superior Court of Pennsylvania, 1995)
Commonwealth v. Albino
652 A.2d 953 (Superior Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
652 A.2d 953, 438 Pa. Super. 562, 1995 Pa. Super. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-albino-pasuperct-1995.