Commonwealth v. Grahame

947 A.2d 762, 2008 Pa. Super. 73, 2008 Pa. Super. LEXIS 581
CourtSuperior Court of Pennsylvania
DecidedApril 18, 2008
StatusPublished
Cited by3 cases

This text of 947 A.2d 762 (Commonwealth v. Grahame) 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. Grahame, 947 A.2d 762, 2008 Pa. Super. 73, 2008 Pa. Super. LEXIS 581 (Pa. Ct. App. 2008).

Opinions

OPINION BY

KLEIN, J.:

¶ 1 Lekeyia Grahame appeals from the judgment of sentence entered against her following a bench trial on September 29, 2006. Grahame was found guilty of simple possession and possession of drug paraphernalia and was sentenced to 4 years’ probation. Grahame argues that the trial court erred in denying her motion to suppress because there was no valid consent to search her pocketbook, and no exigent circumstances existed to justify a warrantless search.1 After a thorough review of the record, we affirm.

¶ 2 Police officers conducted a consensual search of a house in which an informant had just purchased drugs. During the search, an officer saw the defendant sitting on a couch with a large pocketbook at her feet. Since the experienced officer knew that guns are frequently found in drug houses, she was concerned that there may be a gun in the large pocketbook. While doing a basic check in the main compartment of the pocketbook for a gun, she discovered illegal drugs.

¶ 3 Generally, consent to search a house does not extend to allowing the search of a guest merely sitting in the house. However, there are several distinguishing factors in this case. The defendant had a large bag, easily capable of holding a gun. Also, a few minutes prior to the search the seller emerged from the house after selling drugs to a confidential informant. Drugs and guns frequently go hand in hand. The officer had a right to conduct a minimally intrusive search for weapons in order to protect herself. The dealer could have easily dropped a gun in the large bag on the way out of the house. This is akin to a Terry2 stop, except instead of patting down someone’s body to check in pockets, the officer opened and checked a woman’s handbag in her immediate control.

¶ 4 A full discussion follows.

FACTS

¶ 5 On November 13, 2005 at approximately 6:00 p.m., Officer Renee Russell observed D.W., a juvenile, enter a home at 126 North Salford Street. On Officer Russell’s order, a confidential informant (Cl) walked to 126 North Salford Street. D.W. exited the home and spoke with the Cl briefly. The informant gave D.W. prerecorded buy money in exchange for two packets of crack cocaine. The informant returned to another officer, and gave him the drugs; D.W. went into the house. Half an hour later, D.W. walked out of the house and back-up officers arrested him. After a search of D.W., officers found the pre-recorded buy money and two packets of crack cocaine.

[765]*765¶ 6 Officer Russell knocked on the door of 126 North Salford Street and asked to speak to D.W.’s legal guardian. His mother, Virginia Walker, came to the door. Officer Russell told Ms. Walker that she suspected her son of dealing drugs from the house. Officer Russell asked Ms. Walker to sign a consent form to search the home, believing Ms. Walker had authority to do so. When Officer Russell entered the home she observed Grahame sitting on a couch in the living room with a large pocketbook lying at her feet. From her experience, the officer was concerned that there may be a gun in the pocketbook because guns are frequently found in drug homes. Officer Russell asked Grahame if the bag was hers and Grahame replied that it was. Looking for weapons, Officer Russell opened the large bag. While searching the main portion of the bag, the officer found a clear plastic bag containing marijuana, a brown bag containing $900.00 in cash, and a Ziploc container with new and unused plastic packets.3 Grahame was charged with possession with intent to deliver, simple possession, possession of drug paraphernalia and criminal conspiracy to commit possession with intent to deliver.

¶ 7 On September 29, 2006, Grahame moved to suppress the evidence found in the pocketbook. After oral argument, the court denied Grahame’s motion. After a bench trial, Grahame was convicted of simple possession and possession of drug paraphernalia. On November 9, 2006, Grahame was sentenced to two years’ probation on the charge of simple possession and a consecutive two years’ probation on the drug paraphernalia charge. Grahame appeals, arguing that the police did not have permission to search the home and there was no reasonable suspicion to search her pocketbook. We disagree and affirm.

¶8 Grahame argues that Ms. Walker had no authority to consent to a search of the house and therefore Officer Russell had no right to search the home. “A search warrant is not required if the search has been with voluntary consent.” Commonwealth v. Barnette, 760 A.2d 1166, 1170 (Pa.Super.2000). Our Supreme Court has stated:

A third party with apparent authority over the area to be searched may provide police with consent to search. Third party consent is valid when police reasonably believe a third party has authority to consent. Specifically, the apparent authority exception turns on whether the facts available to police at the moment would lead a person of reasonable caution to believe the consenting third party had authority over the premises.

Commonwealth v. Strader, 593 Pa. 421, 931 A.2d 630, 634 (2007).

¶ 9 Instantly, Officer Russell saw D.W. go in and out of 126 North Salford Street, in the midst of conducting hand-to-hand drug transactions. Also, D.W. remained in the house for about half an hour after the sale of drugs to the Cl. When the officer asked to speak to D.W.’s guardian, Ms. Walker identified herself as his mother. Officer Russell asked Ms. Walker to sign a consent to search warrant. Ms. Walker signed the form and invited the officer inside the house. These facts were enough to warrant a reasonable person to believe Ms. Walker had apparent authority to consent to a search of the home. Strader, supra.

[766]*766¶ 10 Next, Grahame argues that the officer had no reasonable suspicion to search her pocketbook. Specifically, Grahame contends the officer lacked reasonable suspicion where Grahame was not present during the drug transaction. This argument also lacks merit.

¶ 11 In order to search for a weapon a “police officer must have a ‘reasonable, articulable suspicion’ that criminal activity may be afoot and that the suspect may be armed and dangerous.” In re N.L., 739 A.2d 564, 567 (Pa.Super.1999). In Commonwealth v. Thompson, 989 A.2d 371 (Pa.Super.2007), this Court determined that an officer’s experience and knowledge is an important factor in establishing reasonable suspicion of the existence of a weapon.

The trial court ... noted the particular relevance of [the defendant] reaching into his pocket when specifically directed by Officer Fones to keep his hands in view, leading Fones to believe [the defendant] may have been reaching for a gun. The trial court found that these facts, in light of Officer Fones’ experience as a narcotics officer, his knowledge of [the defendant’s] prior drug convictions, and his knowledge that drug dealers often arm themselves, gave Fones “more than a hunch that the subject was involved in illegal activities.” The record supports this finding; Officer Fones did articulate specific facts from which he could reasonably infer that his safety was compromised.

Id. (emphasis added).

¶ 12 In

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Com. v. Rossi, C.
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Cite This Page — Counsel Stack

Bluebook (online)
947 A.2d 762, 2008 Pa. Super. 73, 2008 Pa. Super. LEXIS 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-grahame-pasuperct-2008.