Commonwealth v. Burgos

64 A.3d 641, 2013 Pa. Super. 26, 2013 WL 618794, 2013 Pa. Super. LEXIS 74
CourtSuperior Court of Pennsylvania
DecidedFebruary 20, 2013
StatusPublished
Cited by34 cases

This text of 64 A.3d 641 (Commonwealth v. Burgos) 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. Burgos, 64 A.3d 641, 2013 Pa. Super. 26, 2013 WL 618794, 2013 Pa. Super. LEXIS 74 (Pa. Ct. App. 2013).

Opinions

OPINION BY

OTT, J.:

The Commonwealth appeals from the order entered on April 3, 2012, granting Appellee’s, Edwin Burgos’s, motion to suppress all evidence derived from the use of a mobile tracking device (also known as a “global positioning system” or “GPS tracking device”) on Burgos’s car, the stop and search of Burgos’s car, and the search of the premises located at 630 North Mohr Street, Allentown, Pennsylvania. The [644]*644Commonwealth asserts the trial court erred in granting the motion based on the following: (1) the court misapplied the holding of United States v. Jones, — U.S. -, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (decided January 23, 2012) because the officers, in this case, acted within the parameters of the court’s authorization of the GPS tracking device pursuant to Section 5761 of the Wiretapping and Electronic Surveillance Control Act (“Wiretap Act”)1 and they possessed the requisite level of suspicion under the statute; (2) the court erred in applying the search warrant requirements set forth in Pa.R.Crim.P. 200 et seq. where none existed under Section 5761; and (3) the court erred in suppressing the evidence where the officers acted in good faith on the existing law at the time of search. See Commonwealth’s Brief at 4. After a thorough review of the record, the parties’ briefs, and the applicable law, we reverse the court’s order and remand for further proceedings.

In addressing Burgos’s suppression motion, the court made the following findings of fact:

In October and November 2010, Detective [Todd] Harris [of the Berks County Police Department] was involved in an investigation of cocaine and marijuana trafficking in Berks and Montgomery Counties. The investigation was pursued, in part, through the use of wiretaps. On November 5, 2010, based on information gained, in part, from the wiretaps, Detective Harris and other law enforcement officials executed search warrants. At least two of the searches turned up what the detectives described as high grade marijuana.
Eight individuals were arrested as a result of that investigation; five agreed to cooperate and became confidential informants' for Detective Harris. Two of these individuals, designated in the documents as CS # 1 and CS # 2 provided information to the effect that the supplier of the marijuana that had been seized in the earlier search warrants was an individual named “Edwin.” The CS # 1 and CS # 2 described “Edwin’s” vehicle and place of residence. CS # 2 further provided [Burgos]’s full name, and both individuals identified a photograph of him.
The informants described in detail how [Burgos] obtains his supply of marijuana by traveling to Georgia and Michigan, and transports it back to Berks County in a hidden compartment in the toolbox of the pickup truck registered to [Burgos].
The information provided by CS # 1 and CS # 2 was corroborated by conversations intercepted in the Court ordered wiretaps, wherein several of the individuals intercepted referred to the supplier of their marijuana as “Edwin.” Police surveillance verified [Burgos]’s residence as being located at 1315 Muhlen-berg Street in the City of Reading and that [Burgos] operated a white Dodge Ram pickup truck bearing Pennsylvania registration YVE-1957. Further, the truck had the large toolbox described by CS # 1 and CS # 2, and a check of Pennsylvania Department of Transportation records verified [Burgos]’s address as well as the registration of the pickup truck.
On March 25, 2011, an order authorizing the installation and use of a mobile tracking device was entered, pursuant to 18 Pa.C.S. § 5761. The order authorized the attachment of the device to [Burgos]’s white Dodge Ram pickup truck. On March 28, 2011, the mobile tracking device was successfully placed [645]*645on [Burgos]’s vehicle. The mobile tracking device enabled Detective Harris and his colleagues to monitor the activities of [Burgos], insofar as his travels were concerned. The search warrant authorizing the search of [Burgosj’s vehicle, which was obtained after a traffic stop on April 4, 2011, sets forth in detail [Burgosj’s movements from the morning of April 2, 2011, until the evening of April 4, 2011. On April 2, [Burgos] traveled from his residence to a home in Allentown, located in the 600 block of North Mohr Street. After leaving that area at 11:05 a.m., [Burgos] made several stops in the vicinity of Allentown, and at approximately 12:56 p.m. the vehicle departed and headed west- and south, ultimately stopping near Dublin, Virginia, at approximately 8:20 p.m.
On the morning of April 3, 2011, at approximately 6:03 a.m. the vehicle departed the location in Dublin, and traveled through North and South Carolina and into Georgia, stopping in the area of Midvale, Georgia, at about 12:33 p.m. The vehicle remained at that location until the early morning of April 4, and at 6:22 that morning, [Burgos]’s vehicle moved a short distance. Approximately one-half hour later, the vehicle began to retrace its route north through Georgia, South Carolina, and North Carolina.
During this time period, Detective Harris received a message from CS # 1, who informed Detective Harris that [Burgos] was in South Carolina picking up marijuana to be returned to Berks County, and that [Burgos]’s wife was traveling with him. He also provided further information on the location of the secret compartment in the toolbox of the truck and revealed the fact that tools are required to dismantle it.
The vehicle was traced via the mobile tracking device all the way back to Pennsylvania and visual surveillance on the vehicle began as the vehicle entered the Pennsylvania Turnpike. [Burgos] was under surveillance until he was stopped by Trooper Anthony Todaro, of the Pennsylvania State Police at approximately 9:30 p.m. on Route 222 in southern Berks County. After the vehicle was stopped, the search warrant was obtained, and the vehicle was towed to the Pennsylvania State Police Barracks in the City of Reading and ultimately searched. Among the items found during the course of the search were thirty-four (34) black plastic bags containing marijuana, which had been secreted in a special compartment in the toolbox of [Burgos]’s pickup truck.
Subsequent to the search of the truck, officers obtained an additional search warrant for [the] premises located at 630 North Mohr Street in Allentown, Lehigh County, Pennsylvania. The search was based on information that was developed in the search warrant for [Burgos]’s vehicle, and included information to the effect that on March 28, 2011, [Burgos] traveled from his residence in Reading to the North Mohr Street area, returning that evening. The warrant affidavit for the North Mohr Street residence then repeats the information contained in the warrant for [Burgosj’s vehicle by detailing [Bur-gosj’s movements from April 2 to the evening of April 4 when the traffic stop of [Burgos]’s vehicle was made. The warrant application included the observation that immediately prior to traveling to Georgia, [Burgos] left his residence, traveled for approximately one hour to reach the 630 North Mohr Street address, where he stayed twenty-seven (27) minutes before leaving on the trek to Georgia. The search warrant for the 630 North Mohr Street address was obtained on April 5, 2011. The [646]

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Cite This Page — Counsel Stack

Bluebook (online)
64 A.3d 641, 2013 Pa. Super. 26, 2013 WL 618794, 2013 Pa. Super. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-burgos-pasuperct-2013.