Commonwealth v. Bubonovich

2 Pa. D. & C.5th 77
CourtPennsylvania Court of Common Pleas, Fayette County
DecidedNovember 14, 2007
Docketno. 612 of 2007
StatusPublished

This text of 2 Pa. D. & C.5th 77 (Commonwealth v. Bubonovich) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Fayette County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Bubonovich, 2 Pa. D. & C.5th 77 (Pa. Super. Ct. 2007).

Opinion

SOLOMON, J,

the present case, the defendant, Kaelin Nicole Bubonovich, is charged with hindering apprehension or prosecution [78]*78pursuant to 18 Pa.C.S. §5105(a)(1). The defendant filed an omnibus pretrial motion in the nature of a motion to suppress evidence asserting that an illegal search of her residence by the Pennsylvania State Police was conducted, and a hearing on the motion was held.

BACKGROUND

On March 30, 2007, at approximately 10 a.m., Pennsylvania State Police Trooper David W. Simpson arrived at the scene of an automobile accident on Route 40 westbound. N.T., 9/05/07, at 5-6. Acting on reports that an individual involved in the accident had fled the scene, Trooper Simpson followed a trail of fluid hoping to find the alleged hit and run driver, described as a white male, id. at 7-8, driving a tan Buick LeSabre. M at 10-11. After spending some time searching for the vehicle without success, Trooper Simpson abandoned the search and went to the Uniontown Hospital to interview Christine Bedner, another individual involved in the accident. Id. at 11.

While at Uniontown Hospital, Trooper Simpson received information that an abandoned vehicle matching the description of the one involved in the accident was discovered near the Village of Searights. Id. at 12. After arriving at Searights, Trooper Simpson was informed by Trooper Petrosky that he had been told by residents of the area that a tan vehicle had been frequently parked in front of apartment 305 in the Village of Searights during the prior week. Id. at 21. Trooper Simpson then went to apartment 305 and came into contact with the defendant, the lessee of the apartment, and questioned her about the white male suspect from the vehicle accident. Id. at 14, 22-23. Observing several persons in the apartment, [79]*79Trooper Simpson asked the defendant about their identity and was told by the defendant that it was her boyfriend and another friend. Id. at 14. The trooper then requested to search the apartment, which request was denied by the defendant. Id. at 15. Trooper Simpson then questioned the defendant about the tan car allegedly parked in front of the apartment during the previous week, and the defendant responded with conflicting answers regarding the car, first that it was owned by her uncle, and later that it was owned by a friend. Id. at 15.

After the defendant denied the request of Simpson to search the apartment, another trooper contacted the property manager and obtained permission to enter the apartment. Id. at 22-23. Trooper Mrosko and Trooper Petrosky were permitted by the property manager to enter the residence and, once inside, they located Keith Thomas, an individual that was wanted by the Pennsylvania State Police on another, non-related, charge. Id. at 17. In total, approximately three hours had elapsed from the time Trooper Simpson was notified about the accident and when he arrived at the defendant’s apartment. Id. at 20.

DISCUSSION

The defendant’s omnibus pretrial motion seeks to suppress all evidence arising from the search that occurred on March 30,2007, contending that the search performed by the Pennsylvania State Police was illegal because no warrant or valid consent was obtained. The position of the Commonwealth is that consent for a search of the apartment was not required because exigent circumstances existed or, in the alternative, consent to search was given by the property manager.

[80]*80The Fourth Amendment of the United States Constitution protects people from unreasonable governmental intrusions into their legitimate expectations of privacy. Commonwealth v. Rathfon, 705 A.2d 448, 450 (Pa. Super. 1997). The expectation of privacy protected under the Fourth Amendment has been held to be greatest in one’s home. Commonwealth v. Shaw, 476 Pa. 543, 550, 383 A.2d 496, 499 (1978). Additionally, the Pennsylvania Constitution provides that:

“The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.” Pennsylvania Constitution Article I, Section 8.

Therefore, both the United States Constitution and the Pennsylvania Constitution place a high priority on protecting an individual’s right to privacy in his own home. To advance the protection of this privacy interest, courts have “established that, absent consent or exigent circumstances, private homes may not be constitutionally entered to conduct a search or effectuate an arrest without a warrant, even where probable cause exists.” United States v. Cruz Jimenez, 894 F.2d 1, 5 (1990), citing Donovan v. Dewey, 452 U.S. 594, 101 S.Ct. 2534 (1981); Payton v. New York, 445 U.S. 573, 575, 100 S.Ct. 1371 (1980).

Although generally unreasonable, a warrantless search of property is permitted when consent is given by a third party possessing “common authority” over the premises sought to be inspected. United States v. Matlock, 415 [81]*81U.S. 164, 171, 94 S.Ct. 988, 993 (1974). However, such “common authority” is not implied by a mere property interest and a “landlord or lessor cannot consent to a search of a tenant’s premises,” regardless of a right to “enter and inspect.” Commonwealth v. Lowery, 305 Pa. Super. 66, 73, 451 A.2d 245, 248 (1982), quoting United States v. Matlock, 415 U.S. 164, 173 n.7, 94 S.Ct. 988, 993 n.7 (1974).

Applying this principle to the present case, the consent to search given to the police by the property manager for the Village of Searights is not consistent with the Fourth Amendment’s protection of privacy, or case law. Therefore, his consent was not valid and, therefore, no valid consent to search was obtained prior to the search.

We now turn to whether the warrantless search of the defendant’s apartment could be justified under the exigent circumstances exception to the warrant requirement. Federal and Pennsylvania courts have held that a “warrantless search of a private residence may take place” if the police are acting on “exigent circumstances.” Commonwealth v. McAliley, 919 A.2d 272, 276 (Pa. Super. 2007).

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Related

United States v. Matlock
415 U.S. 164 (Supreme Court, 1974)
Payton v. New York
445 U.S. 573 (Supreme Court, 1980)
Donovan v. Dewey
452 U.S. 594 (Supreme Court, 1981)
United States v. Jose M. Cruz Jimenez
894 F.2d 1 (First Circuit, 1990)
Commonwealth v. Roland
637 A.2d 269 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. McAliley
919 A.2d 272 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Lowery
451 A.2d 245 (Superior Court of Pennsylvania, 1982)
Commonwealth v. Rathfon
705 A.2d 448 (Superior Court of Pennsylvania, 1997)
Commonwealth v. Rogers
849 A.2d 1185 (Supreme Court of Pennsylvania, 2004)
Commonwealth v. Shaw
383 A.2d 496 (Supreme Court of Pennsylvania, 1978)

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Bluebook (online)
2 Pa. D. & C.5th 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bubonovich-pactcomplfayett-2007.