Commonwealth v. Harris

176 A.3d 1009
CourtSuperior Court of Pennsylvania
DecidedDecember 20, 2017
Docket686 WDA 2017
StatusPublished
Cited by101 cases

This text of 176 A.3d 1009 (Commonwealth v. Harris) 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. Harris, 176 A.3d 1009 (Pa. Ct. App. 2017).

Opinion

OPINION BY

STEVENS, P.J.E.:

The Commonwealth appeals from the order entered in the Court of Common Pleas of Westmoreland County granting the pre-trial suppression motion filed by Appellee Tatiahna Africa Harris. After a careful review, we reverse and remand for further proceedings.

The relevant facts and procedural history are as follows: Appellee was arrested, and he was charged with receiving stolen property, criminal use of a communication facility, firearms not to be carried without a license, possession with the intent to deliver a controlled substance, and possession of drug paraphernalia. 1 On February 24, 2017, Appellee filed a counseled, pretrial motion seeking to suppress the physical evidence seized by the police from his vehicle and person. Specifically, Appellee averred a police officer improperly stopped his vehicle based solely on unreliable allegations made to the officer from a confidential informant (“Cl”). Further, Appel-lee averred that, prior to a K-9 sniff of his car, the police officer arrested Appellee without probable cause. Accordingly, Ap-pellee contended that all physical evidence seized by the police should be suppressed as “fruit of the poisonous tree.”

On April 24, 2017, the matter proceeded to a suppression hearing at which the sole testifying witness was Greensburg Police Officer Garret McNamara. Specifically, Officer McNamara testified that he has been a police officer with the Greensburg Police Department for three years and, throughout this time, a certain Cl has provided information to the police department with regard to illegal drugs. N.T., 4/24/17, at 5. Officer McNamara indicated that he has personally received information from the Cl in five other cases, four of which have led to convictions and one of which was pending. Id. at 5-6.

On November 5, 2016, during the afternoon, Officer McNamara received information from the Cl indicating that, later in the day, a black male in a white sedan would be coming from a gym to sell crack cocaine at a residence on Euclid Avenue and then returning to Jeanette. Id. at 6-7. The officer knew the Cl frequently stayed at the residence on Euclid Avenue, and the Cl told him he was currently staying at the residence. Id. at 7. Officer McNamara also knew the Cl, as well as other people who resided at the -residence on Euclid Avenue, “to be user[s] of crack cocaine[.]” Id. at 8.

The Cl indicated that he would be willing to provide additional information with regard to the sale of the crack cocaine; however, he was concerned someone in the house might overhear him on the telephone. Id. at 8-9. Accordingly, Officer McNamara and the Cl agreed that when the male dealer “would be leaving the residence, [the Cl] was going to call dispatch and hang-up and dispatch would know the phone number and they would inform [Officer McNamara] that meant that the male, [who] was selling the crack cocaine, was leaving the residence.” Id.

Later that day, Officer McNamara, who was in the area of Euclid Avenue, received a dispatch informing him that the awaited for “hang-up phone call had come in[.]” Id. at 9. Officer McNamara testified that, less than 30 seconds later, he saw a white sedan matching the description provided to him by the Cl leaving Euclid Avenue and travelling towards Jeannette. Id. at 9-10. In response, Officer McNamara provided the plate number to the police dispatch, who replied that the vehicle was registered to “Destiny Wise out of Herminie.” Id. at 10, 17-18. Based on his training, Officer McNamara was aware that “it is common for individuals selling drugs to use other people’s vehicles[.]” Id. at 18.

Officer McNamara indicated that, as he followed the vehicle, he “observed window tint on the vehicle and [he] initiated a traffic stop.” Id. at 10. He testified the window tint, which covered all of the vehicle’s side windows, was “extremely dark” and, as a result, he could not see inside of the vehicle through the passenger side of the vehicle. Id. He noted that, when looking through the passenger-side window, he could not determine whether a male or female was driving the vehicle. Id.

Officer McNamara effectuated a traffic stop of the vehicle “just outside of the city,” and identified the sole occupant, Ap-pellee, who was driving the vehicle. Id. at 10-11. Appellee informed him that “he was coming from the gym and he was going to go back home towards Jeannette.” Id. at 12. Appellee denied “ever being on Euclid Avenue.” Id. Officer McNamara, who had just followed Appellee’s vehicle from Euclid Avenue, informed Appellee that he had just seen him on Euclid Avenue; however, Appellee continued to deny that he had been on Euclid Avenue. Id.

Officer McNamara requested assistance from the K-9 unit and twice requested Appellee to exit the vehicle. Id. at 13, 21. Appellee refused, resulting in Officer McNamara opening the driver’s side door, grabbing Appellee’s arm, and removing him from the vehicle. Id. at 21. After Ap-pellee was out of the vehicle, he was handcuffed and the K-9 sniffed the exterior of the vehicle, alerting the police to the front driver’s seat and the front headlight. Id. at 13.

As a result, Officer McNamara conducted a search of the vehicle, discovering a handgun under a pile of clothes on the rear driver’s seat, $265.00 in U.S. currency, two cell phones, and an Altoids container, which the officer believed contained drug residue. Id. at 14-15. The officer provided the serial number of the gun to police dispatch, who responded that the handgun had been reported stolen, and Officer McNamara determined that Appellee did not have a valid license to carry a firearm in a vehicle. Id. at 15-17.

At this point, the officer placed Appellee in the back of the police cruiser, indicating he was under arrest, and subsequently conducted an inventory search of Appellee at the police station. Id. at 17. During this search, the officer discovered Appellee had crack cocaine inside of his boxer briefs, as well as additional currency on his person. Id. Subsequent testing revealed the Altoids container did not contain drug residue.

On cross-examination, Officer McNamara confirmed that he did not observe the white sedan arrive at the Euclid Avenue address, but “30 seconds later [he saw] the vehicle, that [he] believe[d] was described by the [Cl], leave the residence in that area[.]” Id. at 24. Officer McNamara indicated he followed the sedan for roughly one mile before effectuating a traffic stop. Id. Officer McNamara confirmed the sedan had dark window tint and the license plate information indicated the sedan belonged to Destiny Wise. Id.

Officer McNamara clarified that, prior to stopping the sedan, he was aware that a black male, and not a female, was driving the sedan. Id. at 25. Specifically, he testified:

Q: But you don’t know if Destiny Wise is driving the car at this point?
A: Well,,it was a black male driving that vehicle, sir.
Q: Well, how do you know that? You didn’t see a black male driving the.vehicle, did you? ,
A: Yes, I did.

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Cite This Page — Counsel Stack

Bluebook (online)
176 A.3d 1009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-harris-pasuperct-2017.