Commonwealth v. Enck

14 Pa. D. & C.5th 488
CourtPennsylvania Court of Common Pleas, Lebanon County
DecidedAugust 10, 2010
Docketno. CP-38-CR-1900-2009
StatusPublished

This text of 14 Pa. D. & C.5th 488 (Commonwealth v. Enck) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lebanon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Enck, 14 Pa. D. & C.5th 488 (Pa. Super. Ct. 2010).

Opinion

CHARLES, J.,

The question before us is whether the defendant, John Enck, was subject to “custodial interrogation” while police were executing a search warrant at his home. Although factors exist that support both sides’ positions on this issue, our conclusion based upon the totality of circumstances presented is that the defendant was subjected to a custodial interrogation without first being advised of his so-called ‘Miranda warnings.” Accordingly, and for reasons that we will articulate in more detail below, we will be granting the defendant’s motion to suppress the statements he uttered to police.

I. FACTS

On June 15, 2009, a team of police led by Lebanon County Detective Jason Cleck arrived at the defendant’s residence in order to execute a search warrant. The warrant was issued by a magisterial district judge because the Commonwealth possessed probable cause to believe that the defendant possessed child pornography on his computer. The primary focus of Detective Cleck and his team was to secure any computers that were located inside the defendant’s residence.

Upon arrival, the defendant’s dogs created some commotion. The defendant appeared reluctant to secure his dogs. As a result, Detective Steven Bord said to the defendant: “Restrain your dogs so I do not have to shoot [491]*491them.” After additional discussion, the defendant did place his dogs in the backyard and the police entered the residence.

Detective Cleck explained to the defendant that he possessed a search warrant because he suspected that child pornography would be located on the defendant’s computer. Detective Dominic Visconte advised the defendant that he was not under arrest and that he could leave his home if he chose.

The defendant did not wish to leave his home. Therefore, police told the defendant that he would have to stay in one location and that he would not be able to leave that location while police were present. The defendant chose to sit in his living room. A police officer was assigned to stand right next to the defendant in order to make sure that he did not move around his house while police were conducting their search. The defendant was told by police that this officer was present “to keep an eye on him.”

While police were searching the defendant’s home, they located several computers. When they did so, Detective Cleck would ask the defendant who used each computer. In addition, the defendant was asked about his familiarity with terms that are frquently used by those who view and exchange child pornography on the computer. The defendant responded to each of Detective deck’s questions. At one point, the defendant asked Detective Cleck: “What charges am I facing?”

Child pornography charges were eventually filed against the defendant on August 27, 2009. The pretrial motion sought to suppress all statements made by the [492]*492defendant as a result of Detective deck’s questioning. We conducted a pretrial hearing on June 30,2010. Thereafter, we asked for briefs from the parties. These briefs have been received. The issue raised by the defendant is now before us for disposition.

DISCUSSION

Everyone involved in this case agrees that the defendant was never advised of his so-called “Miranda rights” prior to being questioned by Detective Cleck. Under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny, statements made by a suspect while subject to “custodial interrogation” are inadmissible unless the suspect is first read his Miranda rights. The parties to this dispute vigorously contest whether the defendant was subject to “custodial interrogation.” Our decision today will hinge upon whether the defendant was or was not “in custody” when he answered Detective deck’s questions.

Police officers are required to provide so-called ‘Miranda warnings” to any suspect who is subjected to a custodial interrogation. Commonwealth v. McAliley, 919 A.2d 272 (Pa. Super. 2007). When an individual is placed under arrest, he is always considered to be “in custody.” Commonwealth v. Williams, 941 A.2d 14 (Pa. Super. 2008). However, “custody” for purposes of Miranda transcends formal arrest. A suspect may be considered “in custody” whenever his/her freedom is deprived in any significant way. Commonwealth v. Elchinger, 591 Pa. 1, 915 A.2d 1122 (2007).

“Custodial interrogation has been defined as ‘questioning initiated by law enforcement officers after a person [493]*493has been taken into custody or otherwise deprived of his [or her] freedom of action in any significant way.”’ Commonwealth v. Mannion, 725 A.2d 196, 200 (Pa. Super. 1999), quoting in part Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L.Ed.2d 694, 706 (1966).

“‘Interrogation’ is police conduct ‘calculated to, expected to, or likely to evoke an admission.’” Mannion, supra at p. 200, quoting Commonwealth v. Simala, 434 Pa. 219, 226, 252 A.2d 575, 578 (1969).

The analysis of whether a defendant is “in custody” is fact-specific, and must be made on a case-by-case basis. Commonwealth v. DeJesus, 567 Pa. 415, 787 A.2d 394 (2001); Commonwealth v. Ellis, 379 Pa. Super. 337, 549 A.2d 1323 (1988). In determining whether an individual was “in custody,” our inquiry should focus upon whether the suspect “reasonably believes” that his or her freedom of movement has been restrained in any significant way. Commonwealth v. Eichinger, supra. The test for custodial interrogation does not depend upon the subjective intent of the law enforcement investigator, but whether upon what the suspect reasonably believes about his freedom of movement. Commonwealth v. Sepulveda, 579 Pa. 217, 855 A.2d 753 (2004).

Factors that we must consider in assessing whether a defendant is “in custody” include the following:

(1) Whether the defendant was the focus of an investigation. Commonwealth v. Jones, 758 A.2d 228 (Pa. Super. 2000).

(2) Whether the defendant’s freedom of action or movement was restricted in any way. Commonwealth v. Sepulveda, supra.

[494]*494(3) Whether the defendant was advised that he or she was not under arrest. Commonwealth v. DiStefano, 782 A.2d 574 (Pa. Super. 2001).

(4) The length of the detention.

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Commonwealth v. Mannion
725 A.2d 196 (Superior Court of Pennsylvania, 1999)
Commonwealth v. Simala
252 A.2d 575 (Supreme Court of Pennsylvania, 1969)
Commonwealth v. Busch
713 A.2d 97 (Superior Court of Pennsylvania, 1998)
Commonwealth v. Williams
941 A.2d 14 (Superior Court of Pennsylvania, 2008)
Commonwealth v. McAliley
919 A.2d 272 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Eichinger
915 A.2d 1122 (Supreme Court of Pennsylvania, 2007)
Commonwealth v. Ellis
549 A.2d 1323 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. Turner
772 A.2d 970 (Superior Court of Pennsylvania, 2001)
Commonwealth v. Brodo
396 A.2d 802 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Zogby
689 A.2d 280 (Superior Court of Pennsylvania, 1997)
Commonwealth v. DeJesus
787 A.2d 394 (Supreme Court of Pennsylvania, 2001)
Department of Public Welfare v. Schultz
855 A.2d 753 (Supreme Court of Pennsylvania, 2004)
Commonwealth v. Sepulveda
855 A.2d 783 (Supreme Court of Pennsylvania, 2004)
Commonwealth v. DiStefano
782 A.2d 574 (Superior Court of Pennsylvania, 2001)
Commonwealth v. Jones
758 A.2d 228 (Superior Court of Pennsylvania, 2000)

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14 Pa. D. & C.5th 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-enck-pactcompllebano-2010.