Commonwealth v. Dickerson

364 A.2d 677, 468 Pa. 599, 1976 Pa. LEXIS 719
CourtSupreme Court of Pennsylvania
DecidedOctober 8, 1976
Docket455 and 531
StatusPublished
Cited by39 cases

This text of 364 A.2d 677 (Commonwealth v. Dickerson) is published on Counsel Stack Legal Research, covering Supreme 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. Dickerson, 364 A.2d 677, 468 Pa. 599, 1976 Pa. LEXIS 719 (Pa. 1976).

Opinions

OPINION OF THE COURT

JONES, Chief Justice.

This is an appeal1 by the Commonwealth from [602]*602the Order of Judge Juanita Kidd Stout of the Common Pleas Court of Philadelphia County suppressing the confession of William Dickerson, appellee, as the result of an unconstitutional arrest.

On October 5, 1974, at 4:45 p. m. William Askew, age seventeen, was stabbed to death in the rear yard of a home on Wyoming Avenue in Philadelphia. That same evening, Detective Porter, twice went to appellee’s home in an attempt to question him concerning the stabbing. Appellee was not home and Porter left word with his mother asking that appellee come to Police Headquarters for questioning. On October 6, appellee went to the Headquarters and after questioning was released. Two days later, appellee was taken to Headquarters by police officers for a second round of questioning. After nine hours of intermittent interrogation, appellee was released.

Detective Porter then directed his investigative efforts elsewhere. On October 9, he interviewed William Fowler, age fourteen, and Ronald Allen, age eighteen. Both witnesses gave a signed written statement, wherein they eaéh recounted that fifteen minutes prior to the killing, they saw Dickerson, Askew, and Michael Beatty walking together in the direction where the stabbing occurred.

Michael Beatty, age nineteen, was then questioned on October 14. He was given his Miranda warnings and agreed to answer questions. The first interrogation resulted in a statement which Detective Porter characterized as incomplete and false based upon other information already gathered. Beatty then consented to a polygraph examination, the results of which seemed to confirm Porter’s suspicions. Beatty was interviewed a second time and gave a four page statement which he read and signed. This statement stated that Beatty had witnessed Dickerson stab Askew and corroborated portions of other information Porter had in his possession. Beatty was later charged with hindering apprehension or [603]*603prosecution, this based upon his first falsified statement. However, Beatty was not charged as a co-defendant.

In addition to the above information, Porter had gathered signed statements from three other people who knew appellee. Each witness said he or she had heard that the appellee had stabbed Askew.2

[604]*604Armed with the statements of six identified witnesses: (1) two of whom placed the appellee and the eyewitness with the victim near the scene of the crime just prior to the stabbing; (2) three of whom had heard that the appellee had committed the stabbing, and (3) the statement of an eyewitness who said he saw the appellee stab Askew, Porter applied to Judge Wood for an arrest warrant. Judge Wood issued the warrant and Dickerson was arrested on October 17, 1974, at 1:10 p. m. Dickerson arrived at Homicide Headquarters at 1:35 p. m. and after receiving his Miranda warnings, he confessed to the crime. Dickerson read and signed his statement at 3:02 p. m., one and one-half hours after his arrival at Headquarters.

A motion to- suppress the evidence was filed on January 3, 1975, primarily challenging the voluntariness [605]*605of appellee’s confession. A six day suppression hearing followed. At the conclusion thereof, Judge Stout issued an opinion declaring the arrest warrant and subsequent arrest invalid. She found that the warrant was issued upon insufficient information to establish probable cause and appellee’s confession was suppressed as a fruit thereof. This conclusion being unsupported by the findings of fact and the applicable legal authority, we reverse.

To be constitutionally valid, an arrest must be based on probable cause. U.S.Const. Amend. IV; Pa. Const. Art. I, § 8 P.S. Probable cause has been defined as those facts and circumstances available at the time of the arrest which would justify a reasonably prudent man in the belief that a crime has been committed and that the individual arrested was the probable perpetrator. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); Brinegar v. United States, 338 U.S. 160, 69 S. Ct. 1302, 93 L.Ed. 1879 (1949); Commonwealth v. Bailey, 460 Pa. 498, 333 A.2d 883 (1975); Commonwealth v. Jones, 457 Pa. 423, 322 A.2d 119 (1974); Commonwealth v. Daniels, 455 Pa. 552, 317 A.2d 237 (1974); Commonwealth v. Mamon, 449 Pa. 249, 297 A.2d 471 (1972); Commonwealth v. Brayboy, 431 Pa. 365, 246 A.2d 675 (1968). The test is not one of certainties but rather one of probabilities dealing with the considerations of everyday life. It is not equivalent to the “proof beyond a reasonable doubt” standard applied at trial. See Commonwealth v. Jones, supra; Commonwealth v. Williams, 235 Pa.Super. 347, 341 A.2d 201 (1975), and cases cited supra. Necessarily the test for probable cause is the same whether or not a warrant is present, since an arresting officer must be aware of information sufficient for the issuance of a warrant at the moment he makes an arrest. Whiteley v. Warden, 401 U.S. 560, 91 S.Ct. 1031, 28 L. Ed.2d 306 (1971); McCray v. Illinois, 386 U.S. 300, 87 S.Ct. 1056, 18 L.Ed.2d 62 (1967); see also In Re Betrand, 451 Pa. 381, 303 A.2d 486 (1973). Analogies

[606]*606therefore to cases involving a warrantless arrest are appropriate in the instant case.

In reaching her decision, Judge Stout relied upon Commonwealth v. Bailey, supra; Commonwealth v. Daniels, supra; Commonwealth v. Jeffries, 454 Pa. 320, 311 A.2d 914 (1973); and Commonwealth v. Mamon, supra. A review of these cases indicates however that they are not factually similar to the instant case.

In Bailey, the invalid arrest was based solely upon the statement of an unidentified informer placing Bailey in the neighborhood on the night of the crime with a .22 caliber revolver. No direct evidence linking Bailey with the offense was present; nor was the reliability of the informant established in accordance with Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969); Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964).

In Daniels,

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Bluebook (online)
364 A.2d 677, 468 Pa. 599, 1976 Pa. LEXIS 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-dickerson-pa-1976.