Commonwealth v. Dobbins

880 A.2d 690, 2005 Pa. Super. 274, 2005 Pa. Super. LEXIS 2509
CourtSuperior Court of Pennsylvania
DecidedJuly 28, 2005
StatusPublished
Cited by5 cases

This text of 880 A.2d 690 (Commonwealth v. Dobbins) 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. Dobbins, 880 A.2d 690, 2005 Pa. Super. 274, 2005 Pa. Super. LEXIS 2509 (Pa. Ct. App. 2005).

Opinions

OPINION BY

KLEIN, J.:

¶ 1 Cory Dobbins was convicted of various drug offenses centered on the activity of a methamphetamine lab. He complains the investigation, procurement of a search warrant and arrest were illegal because those activities were carried out by officers of the sheriffs department of Bradford County, rather than by police officers. After review of the submissions by the parties, relevant law and the official record, we affirm.

[691]*691¶2 Bradford County Sheriffs Deputies Christopher Burgert1 and David Hart went to a residence in Bradford County attempting to find April Harris, whose name had come up in a prior investigation regarding a methamphetamine ring. The deputies did not have a warrant but were looking to talk to Harris. Harris was not at the residence, a mobile home. At that time, both deputies smelled ether, a component used in the manufacture of methamphetamine. The ether smell came from both the mobile home and a nearby barn, which was also located on the property. A cai’ was parked next to the barn. As the deputies walked to the barn, they noticed a white male at the rear of the barn. They announced themselves as deputies and attempted to speak to the male. The male resembled a person known to Deputy Hart as Cory Dobbins. The male fled the scene into nearby woods. Dobbins’ truck was parked behind the mobile home.

¶3 The deputies noticed various items around the barn and mobile home that were consistent with the manufacture of methamphetamine. These items included propane tanks (often used to store anhydrous ammonia), clear plastic tubing, rubber gloves, salt, and a milk jug containing a white sludgy substance. Deputy Evans arrived at the scene later and detected the smell of ammonia on the other side of the barn. Before obtaining a search warrant, the deputies spoke with State Trooper McKee who informed them he had confiscated methamphetamine and methamphetamine precursors from that residence on a prior occasion.

¶ 4 A search warrant was obtained based on the observations of the deputies and information provided by Trooper McKee. The warrant was executed and substantial evidence of methamphetamine manufacturing and methamphetamine was found and confiscated. A warrant for Dobbins’ arrest was obtained and Dobbins was subsequently arrested.

¶ 5 Basically, Dobbins claims that under the dictates of Kopko v. Miller, 842 A.2d 1028 (Pa.Cmwith.2004), only police officers have the authority to investigate felonies and make arrests. However, we believe that case law and statutes mandate a finding that sheriffs, when properly trained under the Municipal Police Education and Training Law (Act 120), are law enforcement officers and as such have a broad common law power to enforce the law, including the ability to arrest for felony drug violations. The broad common law powers of law enforcement continue as long as those powers are not unequivocally abrogated by statute.

¶ 6 We begin by noting that while Kopko ruled sheriff’s deputies have no authority to conduct wiretap surveillance, that power being limited by statute, sheriffs’ authority is derived from broad common law powers and continues unless restricted by statute. The derivation of power was enunciated by our Supreme Court in Commonwealth v. Leet, 537 Pa. 89, 641 A.2d 299 (1994), which stated:

Though it may be unnecessary to cite additional authority, Blackstone confirms the common law power of the sheriff to make arrests without warrant for felonies and for breaches of the peace committed in his presence. Indeed, such powers are so widely known and so universally recognized that it is hardly necessary to cite authority for the proposition. To make the point, how few children would question that the [692]*692infamous Sheriff of Nottingham had at least the authority to arrest Robin Hood.

Id. at 303 (citations omitted). Our Supreme Court continued with this rationale:

In short, it is not necessary to find a motor vehicle code provision granting the sheriffs power to enforce the code— sheriffs have had the power to enforce the laws since before the Magna Carta; rather, it would be necessary to find an unequivocal provision in the code abrogating the sheriffs power in order to conclude that the sheriff may not enforce the code.

Id.

¶ 7 Although the factual scenario of Leet is different from that presented here, Leet nonetheless teaches us that a sheriffs power to enforce the law is abrogated only by specific statute. Also, Leet points out, in dieta, that the broad common law duties of a sheriff include the power to arrest for felonies.

¶ 8 Leet carries an additional requirement for the proper exercise of the common law powers of a sheriff. To protect public safety, adequate training must be provided to those who enforce the law with firearms. The training referred to in Leet is that found in Act 120. As noted earlier, at a minimum, Deputy Burgert has received this training.

¶ 9 Shortly after Leet was published, the legislature added a definition of “police officer” to 18 Pa.C.S. § 103. A police officer is one who has successfully completed the requirements under Act 120 and specifically includes only a sheriff of a county of the second class (Allegheny County).2 Thus, it might be argued that the legislature has specifically abrogated the common law powers of a sheriff not of Allegheny County. Initially, we note that just because only an Allegheny County Sheriff is defined as a police officer under section 103, it does not mean that any other sheriff in the Commonwealth can no longer be classified as a law enforcement officer. Then, section 103 does not list what powers a police officer (and sheriff of Allegheny County) possesses that other law enforcement officers do not. For that, one must look to specific statutes rather than the general definitions. If a statute specifically limits enforcement capabilities to “police officers,” then the section 103 definition becomes relevant.

¶ 10 To that end we look to the administrative provision of the Controlled Substances Act, 35 P.S. § 780-101 et seq. Section 780-134 grants primary powers of enforcement of the Act to the Department of Health. However, subsection (d) states:

Nothing contained herein shall be deemed to limit the authority of the Bureau of Drug Control, the Pennsylvania State Police, the Department of Justice or any other law enforcement agency in dealing with law enforcement matters with respect to persons engaged in the unlawful importation, manufacture, distribution, sale and production of controlled substances, other drug or devices or cosmetics nor the authority of the council in performing any duties imposed upon it by the “Pennsylvania Drug and Alcohol Abuse Act.”

35 P.S. § 780-134(d).

Notably, this section mentions not only the state police, but also “any other law enforcement agency dealing with law enforcement matters.” Thus, the Controlled Substances Act contemplates enforcement not only by the Board of Health [693]

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Related

Commonwealth v. Marconi
64 A.3d 1036 (Supreme Court of Pennsylvania, 2013)
Commonwealth v. Dobbins
934 A.2d 1170 (Supreme Court of Pennsylvania, 2007)
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896 A.2d 1276 (Superior Court of Pennsylvania, 2006)
Commonwealth v. Dobbins
880 A.2d 690 (Superior Court of Pennsylvania, 2005)

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Bluebook (online)
880 A.2d 690, 2005 Pa. Super. 274, 2005 Pa. Super. LEXIS 2509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-dobbins-pasuperct-2005.