Commonwealth v. Heidelberg

535 A.2d 611, 369 Pa. Super. 398, 1987 Pa. Super. LEXIS 9746
CourtSupreme Court of Pennsylvania
DecidedDecember 24, 1987
Docket00186
StatusPublished
Cited by30 cases

This text of 535 A.2d 611 (Commonwealth v. Heidelberg) 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. Heidelberg, 535 A.2d 611, 369 Pa. Super. 398, 1987 Pa. Super. LEXIS 9746 (Pa. 1987).

Opinions

HESTER, Judge:

On December 9, 1986, appellant, John Heidelberg, was convicted following a nonjury trial of possession of a controlled substance. He was sentenced on January 29, 1987, to a fine, costs and seven to thirty days imprisonment. Appellant contends that the trial court erred in not suppressing evidence obtained as the result of an allegedly illegal search warrant. We affirm.

[400]*400On June 20, 1986, the Erie County police obtained a search warrant to search James Heidelberg, his home, and “all occupants therein.” The probable cause affidavit sets forth the following facts and circumstances justifying the search of the described persons and premises. A reliable informant observed James Heidelberg selling cocaine “to other persons at [the] house.” He also observed “a large quantity of cocaine” for sale at the residence and in James Heidelberg’s possession within the preceding twenty-four hours. Other reliable informants corroborated the fact that James Heidelberg sold controlled substances in his house. A night search was authorized as a result of the averment that the evidence could be easily destroyed or moved if police surveillance were detected.

The following stipulated facts surrounding the execution of the warrant were submitted at the suppression hearing. Erie police executed the search warrant at 12:45 a.m. on June 21, 1986. When appellant answered the door, police saw three males seated around a coffee table upon which the following objects were lying: a propane tank commonly used for freebasing cocaine, a razor blade, a marijuana pipe, and a patina of white powder. The police searched all the individuals present and found a small quantity of hashish on appellant. A small quantity of cocaine was found on one of the other males, but no other controlled substances were discovered on the premises.

The Commonwealth has stipulated that appellant’s search was conducted solely pursuant to the authority contained in the warrant for police to search “all occupants” of the apartment. N.T., 10/3/86, at 5-6. This stipulation and the fact that the Commonwealth argues no other basis to justify the search have foreclosed us from considering whether the search could be upheld on other grounds.

We must therefore determine whether a search warrant authorizing a search of “all the occupants” at a given location violates the fourth amendment’s particularity requirement that “no Warrants shall issue, but upon probable cause ... particularly describing the place to be searched, [401]*401and the persons or things to be seized.” 1 It is a question that has never been addressed by an appellate court in this jurisdiction2 or by the United States Supreme Court.

There are two approaches in analyzing the constitutionality of “all persons present” warrants. One is to strike such warrants as general warrants repugnant to the fourth amendment’s specificity requirement. E.g., Johantgen v. Commonwealth, 571 S.W.2d 110 (Ky.App. 1978).

We believe the better-reasoned approach,3 and the one adopted by the majority of other jurisdictions,4 is found in the cases which analyze each such warrant individually in order to determine whether an “all persons present” warrant was justified under the particular circumstances present when the warrant issued. Illustrative of this approach are two New Jersey cases where opposite conclusions were reached with respect to the different warrants under consideration.

State v. DeSimone, 60 N.J. 319, 288 A.2d 849 (1972), contains one of the first discussions of this issue. The [402]*402warrant directed the search of a described automobile and “all persons found therein,” for evidence of illegal gambling. Defendant was an occupant of the car that was the subject of the warrant and lottery slips were found in his possession. Chief Justice Weintraub observed:

On principle, the sufficiency of a warrant to search persons identified only by their presence at a specified place should depend upon the facts. A showing that lottery slips are sold in a department store or an industrial plant obviously would not justify a warrant to search every person on the premises, for there would be no probable cause to believe that everyone there was participating in the illegal operation. On the other hand, a showing that a dice game is operated in a manhole or in a barn should suffice, for the reason that the place is so limited and the illegal operation so overt that it is likely that everyone present is a party to the offense. Such a setting furnishes not only probable cause but also a designation of the persons to be searched which functionally is as precise as a dimensional portrait of them.
As to probable cause, it must be remembered that the showing need not equal a prima facie case required to sustain a conviction. No more is demanded than a well-grounded suspicion or belief that an offense is taking place and the individual is party to it____ And, with regard to the Fourth Amendment demand for specificity as to the subject to be searched, there is none of the vice of a general warrant if the individual is thus identified by physical nexus to the on-going criminal event itself. In such a setting, the officer executing the warrant has neither the authority nor the opportunity to search everywhere for anyone violating a law. So long as there is good reason to suspect or believe that anyone present at the anticipated scene will probably be a participant, presence becomes the descriptive fact satisfying the aim of the Fourth Amendment. The evil of the general warrant is thereby negated. To insist nonetheless that the individual be otherwise described when circumstances will not permit it, would simply deny government a needed [403]*403power to deal with crime, without advancing the interest the Amendment was meant to serve.

Id. at 321-22, 288 A.2d at 850 (emphasis added) (citation omitted).

The court then determined that the search warrant in that case was constitutionally valid since the affidavit established that the automobile was being regularly used in gambling operations. This made it unlikely that anyone not involved in the gambling operation would have been permitted in the vehicle to observe the illegal activities.

This case can be contrasted with State v. Sims, 75 N.J. 337, 382 A.2d 638 (1978), where, using the same analysis adopted in DeSimone, the New Jersey Supreme Court struck down a warrant authorizing the search of a service station “and any persons found therein” for gambling paraphernalia. The affidavit supporting the warrant implicated the service station only tangentially in the gambling operation inasmuch as only one telephone bet had been placed there, and, further, the warrant contained no affirmation that gamblers had been observed on the premises placing bets. On this evidence, the court determined that the judge issuing the warrant had no legitimate basis for concluding that probable cause existed to believe that all persons who may have been found at the service station would be engaged in illegal gambling activities.

State v. Hinkel,

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Bluebook (online)
535 A.2d 611, 369 Pa. Super. 398, 1987 Pa. Super. LEXIS 9746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-heidelberg-pa-1987.