Commonwealth v. Bennett

827 A.2d 469, 2003 Pa. Super. 212, 2003 Pa. Super. LEXIS 1333
CourtSuperior Court of Pennsylvania
DecidedMay 30, 2003
StatusPublished
Cited by47 cases

This text of 827 A.2d 469 (Commonwealth v. Bennett) 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. Bennett, 827 A.2d 469, 2003 Pa. Super. 212, 2003 Pa. Super. LEXIS 1333 (Pa. Ct. App. 2003).

Opinion

*473 OPINION BY

LALLY-GREEN, J.:

¶ 1 Appellant, Omar K. Bennett, appeals from the judgment of sentence entered by the Court of Common Pleas of Westmore-land County on January 25, 2002. We affirm.

¶ 2 The trial court stated the facts as follows:

On the evening of December 22, 1999, the Pennsylvania State Police Bureau of Liquor Control Enforcement (LCE) decided to conduct routine administrative inspections in Westmoreland County as part of a detail known as the Bar None Program. The Bar None Program is a multi-agency operation that involved the LCE, the Pennsylvania State Police, the Westmoreland County Sheriffs Department, and the Adult Probation and Parole Office in the enforcement of the laws under Pennsylvania’s Liquor Code. 47 Pa.C.S.[P.S.] § 1-101, et seq. The purpose of the program is to inspect premises which operate under a liquor license to determine whether they are in compliance with the rules and regulations set forth in the Liquor Code. See 47 Pa.C.S.[P.S.] § 2-211, “Enforcement,” and 47 Pa.C.S.[P.S.] § 5-513, “Premises and records subject to inspection.”
On the evening in question, deputies from the Westmoreland County Sheriffs Department were called upon by the Pennsylvania State Police to participate in an inspection of an establishment known as Deno’s Bar in the City of Jeannette. Sheriffs Deputy Steven M. Felder was one of the deputies who participated. Deputy Felder had received Act 120 training. See 53 Pa.C.S. § 2162 et seq. Although one of his duties was to look for individuals who may be on the Sheriffs outstanding warrant list, another function he was to serve, along with the other uniformed officers, was to investigate whether minors were being served alcoholic beverages in violation of 18 Pa.C.S. §§ 6307, 6308, 6309, and/or 6310.1.
When they arrived at Deno’s, officers were stationed at the front and back doors, while LCE agents inspected behind the bar. LCE agents and the state police instructed patrons who were inside the bar to sit down and remain seated until everyone’s identification cards were checked.
Deputy Felder and another sheriffs deputy, Deputy Phillips, were positioned about fifteen feet away from the rear exit, in the parking lot area of the building. While standing there, Deputy Felder heard a voice inside the bar, yelling, “[G]et out, get out, the police are coming in.” A few seconds later, the rear door of the bar swung open, and the Defendant walked out holding an open beer bottle in his hand. As he walked toward the deputies, he took a drink from the bottle. Deputy Felder testified that he had two concerns upon viewing the Defendant engaged in this activity. First, he knew that the City of Jeannette had an ordinance which prohibited individuals from consuming alcohol from open containers in public places. Second, he was not able to immediately determine upon observation alone whether the Defendant was over the age of twenty-one years.
The officers identified themselves as deputy sheriffs, and asked the Defendant for identification for the purpose of determining whether he was over the age of twenty-one. The Defendant did not respond, but continued to walk toward Deputy Felder. Again, the deputy identified himself and asked to see the Defendant’s identification. The Defendant did not respond a second time, but pushed Deputy Felder in the chest and *474 attempted to leave. Deputy Felder told him that he was under arrest and a struggle ensued. After some scuffling, the deputies, with the help of other officers, succeeded in getting the Defendant to the ground and handcuffing him. The Defendant was advised several times while the officers were attempting to place handcuffs on him that he was under arrest, yet he refused to cooperate. When he was finally shackled, Deputy Felder conducted a patdown search. The search yielded a significant sum of cash (over $22,000) and two plastic baggies containing cocaine.
As a consequence of the foregoing events, the Defendant stands charged with Possession With Intent to Deliver Controlled Substance, in violation of 35 Pa.C.S.[P.S.] § 780-113(a)(S0), Possession of Controlled Substance, in violation of 35 Pa.C.S.[P.S.] 780-113(a)(16), and Resisting Arrest or Other Law Enforcement, in violation of 18 Pa.C.S. § 5104.

Trial Court Opinion, 3/26/01, at 1-4.

¶ 3 By order dated October 6, 2000, Appellant’s Omnibus Pretrial Motion to suppress evidence was denied. Following a bench trial on November 2, 2001, Appellant was found guilty of Possession and Possession with Intent to Deliver a Controlled Substance, 1 and was sentenced to incarceration of three (3) to six (6) years. Appellant filed Post-Sentence Motions contesting the adverse ruling by the Suppression Court and arguing that the verdict was against the weight of the evidence. Post-sentence motions were denied and Appellant timely appealed the decision.

¶ 4 Appellant raises two issues on appeal:

I. Whether the Suppression Court erred in denying Appellant’s Omnibus Pretrial motion to Suppress Evidence and permitting the evidence seized from Appellant to be admitted at trial.
A. Deputy Felder had no authority to stop Appellant and demand identification
a. Deputy Felder is not a member of the LCE and was not given any specific authority by statute or by the LCE to participate in the enforcement of Pennsylvania’s liquor laws on the evening of this incident.
b. Felder had no reasonable suspicion to believe that Appellant might be underage and, thus, was not justified in stopping Appellant to ask for identification.
B. The stop and detention of Appellant was illegal in that Appellant did not have reasonable suspicion to believe that appellant had violated the City’s Open container ordinance.
C. The commonwealth failed to prove that Deputy Felder was authorized, under the City of Jeannette’s ordinance, to arrest individuals for summary violations.
D. Felder’s testimony that Appellant pushed him in a “bump and run” is not credible. In fact, it was a pretext for the detention, arrest and search of Appellant, when Deputy Felder told investigating officers that appellant was “attempting to escape” through the back door and he “moved to block Appellant’s path.”
*475 II. Whether the trial court abused its discretion in denying Appellant’s Post-Sentence Motions. Specifically, the verdict was against the weight of the evidence in that the Commonwealth failed to prove the chain of custody regarding the cocaine allegedly seized from Appellant’s person.

Appellant’s Brief at 6.

¶ 5 When reviewing an order denying a motion to suppress evidence, we are limited to determining whether the evidence of record supports the factual findings, inferences and legal conclusions of the suppression court. Commonwealth v. Fitzpatrick, 446 Pa.Super.

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Bluebook (online)
827 A.2d 469, 2003 Pa. Super. 212, 2003 Pa. Super. LEXIS 1333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bennett-pasuperct-2003.