Commonwealth v. Bowmaster

101 A.3d 789, 2014 Pa. Super. 199, 2014 Pa. Super. LEXIS 2906
CourtSuperior Court of Pennsylvania
DecidedSeptember 17, 2014
StatusPublished
Cited by36 cases

This text of 101 A.3d 789 (Commonwealth v. Bowmaster) 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. Bowmaster, 101 A.3d 789, 2014 Pa. Super. 199, 2014 Pa. Super. LEXIS 2906 (Pa. Ct. App. 2014).

Opinions

OPINION BY

STRASSBURGER, J.:

Rodney Scott Bowmaster (Appellant) appeals from the judgment of sentence imposed following his October 7, 2013 convictions for weapons of mass destruction, prohibited offensive weapons, recklessly [791]*791endangering another person,1 possession of a designer drug, and multiple counts of possession of a controlled substance with intent to deliver.2 After careful review, we reverse the order denying Appellant’s motion to suppress and vacate his judgment of sentence.

On October 25, 2012, at approximately 2:10 in the morning, Pennsylvania State Troopers Andrew Mincer and William Ri-trosky received information from burglary victim, Kristen Karchner (Karchner), that a handgun stolen from her home was located in the shed behind Appellant’s residence. Karchner related that her son observed the gun in the shed, and told her it was traded to pay off a debt. After receiving this information, Troopers Mincer and Ritrosky went immediately to Appellant’s residence to investigate, arriving at approximately 3:15 A.M.

Appellant lived in a mobile home park. His trailer was situated perpendicular to the road. The door of the home, located on the side of the trailer, was accessible only by walking half the length of the building, through Appellant’s yard. Appellant’s yard was surrounded by a chain-link fence and closed gate. “Private Property” and “Beware of Dog” signs were posted on the fence. Upon arrival, the troopers observed the glow of lights and a television through a window immediately to the left of the door. The window had blinds, but was not completely closed due to the presence of a window fan. While Trooper Ritrosky knocked on the mobile home’s door, Trooper Mincer peered through the window beside the door and was able to observe Appellant and another man sitting on a couch immediately under the window. Trooper Mincer watched Appellant rise from the couch to answer the door and the other man move quickly to the back of the trailer. After both men left the room, Trooper Mincer was able to observe a large knife, what he believed to be heroin packets on a coffee table, and a rifle in the corner of the room. Further, Trooper Mincer reported smelling a chemical'smell consistent with burnt synthetic drugs.

After Appellant answered the door, Trooper Ritrosky explained why they were there. Trooper Mincer then asked Appellant whether anyone else was in the home. Appellant responded “no.” Based on his earlier observations, Trooper Mincer performed a protective sweep of the trailer, during which he detained two adult individuals and one child, and observed a large knife, a rifle, and assorted packaged drugs in plain view. A search warrant was obtained. Following the execution of the warrant, the state police seized from Appellant’s home various quantities of narcotics, various quantities of prescription medication, multiple scales, a number of laptop computers, three safes, various indicia of drug use and trafficking, as well as other contraband.

Appellant was arrested and charged with multiple crimes stemming from the search of his home. On July 15, 2013, Appellant filed a pre-trial motion to suppress the evidence seized by state police. On August 8, 2013, the trial court held a hearing on Appellant’s motion. By opinion and order dated August 19, 2013, Appellant’s motion was denied.

On August 26, 3013, Appellant proceeded to a stipulated bench trial. On August 30, 2013, Appellant was found guilty of the aforementioned offenses. On October 8, 2013, Appellant was sentenced to an aggregate term of seven years and nine [792]*792months to sixteen years of incarceration. This timely appeal followed. Both Appellant and the trial court complied with Pa. R.A.P. 1925.

On appeal, Appellant asks us to consider whether the trial court erred in denying his motion to suppress. Appellant’s Brief at 8. Specifically, Appellant claims that the side yard of his home constituted the curtilage of his property; thus, the police viewed the interior of his home from an illegal vantage point. He further argues that there existed no exigent circumstances to support nighttime warrantless entry onto the curtilage of his property or Trooper Mincer’s warrantless search of his home. Appellant’s Brief at 12-15. The Commonwealth contends that the evidence was lawfully obtained, first arguing that the troopers did not violate the curtilage of Appellant’s residence, nor did he have a reasonable expectation of privacy in the interior of his home when the shades were not drawn. Commonwealth’s Brief at 2-8. The Commonwealth further argues that the observations of Trooper Mincer constituted exigent circumstances that justified the warrantless search. Id. at 3-5.

Our analysis of this question begins with the presumption that where a motion to suppress has been filed, the burden is on the Commonwealth to establish by a preponderance of the evidence that the challenged evidence is admissible. If the trial court denies the motion, we must determine whether the record supports the trial court’s factual findings and whether the legal conclusions drawn therefrom are free from error. In so doing, we may consider only the evidence of the prosecution and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole. Where the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the court erred in reaching its legal conclusions based upon the facts.

Commonwealth v. Berkheimer, 57 A.3d 171, 177 (Pa.Super.2012) (en banc) (citations and quotations omitted).

Absent probable cause and exigent circumstances, warrantless searches and seizures in a private home violate both the Fourth Amendment and Article 1 § 8 of the Pennsylvania Constitution. Commonwealth v. Lopez, 415 Pa.Super. 252, 609 A.2d 177, 178-179 (1992). These constitutional protections have been extended to the curtilage of a person’s home. Id. at n. 1. In determining what constitutes “cur-tilage,” we consider “factors that determine whether an individual reasonably may expect that an area immediately adjacent to the home will remain private. Curtilage is entitled to constitutional protection from unreasonable searches and seizures as a place where the occupants have a reasonable expectation of privacy that society is prepared to accept.” Commonwealth v. Johnson, 68 A.3d 930, 936 at n. 3 (Pa.Super.2013) (citation omitted).

The record establishes that Appellant’s yard was fenced and gated at the time of the incident. N.T., 8/8/2013, at 11, 26-27; Defense Suppression Exhibits 1 and 2. The fence contained numerous signs which indicated that the area was off-limits to the general public. Id. Based on this evidence, we agree with Appellant that the side yard of his home constituted the curti-lage of his property and was subject to a reasonable expectation of privacy. See Commonwealth v. Gibbs, 981 A.2d 274, 279 (Pa.Super.2009) (holding that front porch did not

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Cite This Page — Counsel Stack

Bluebook (online)
101 A.3d 789, 2014 Pa. Super. 199, 2014 Pa. Super. LEXIS 2906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bowmaster-pasuperct-2014.