Commonwealth v. Johnson

68 A.3d 930, 2013 Pa. Super. 95, 2013 WL 1737024, 2013 Pa. Super. LEXIS 260
CourtSuperior Court of Pennsylvania
DecidedApril 23, 2013
StatusPublished
Cited by56 cases

This text of 68 A.3d 930 (Commonwealth v. Johnson) 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. Johnson, 68 A.3d 930, 2013 Pa. Super. 95, 2013 WL 1737024, 2013 Pa. Super. LEXIS 260 (Pa. Ct. App. 2013).

Opinion

OPINION BY

ALLEN, J.:

The Commonwealth appeals from the trial court’s May 9, 2012 order granting the suppression motion of Appellee, Brian Johnson (“Johnson”). We reverse.

The pertinent facts are as follows: On or about December 12, 2011, officers of the Bensalem Township Police Department, Bucks County, Pennsylvania, received information from two anonymous informants that controlled substances, specifically marijuana and prescription pills, were being sold from Unit 97-A at 1313 Gibson Road, a trailer park within the Township of Bensalem. Affidavit of Probable Cause, 12/14/11; N.T., 5/9/12, at 6. One of the informants advised the officers that an older white female with red hair, who resided in the trailer park, was involved in the drug transactions. Id. at 46-54.

On December 12, 2011, at approximately 10 a.m., Officers Adam Schwartz, Michael Brady, and Joseph Gansky responded to the report of drug activity, arriving at the trailer park in plain clothes and in an unmarked police vehicle, but wearing po[932]*932lice badges. Id. at 5-8, 46. Upon arrival, Officers Brady and Schwartz approached Unit 97-A while Officer Gansky remained in the police vehicle. Id. As the officers approached Unit 97-A, they observed an “older white female with red hair” in the vicinity of Unit 97-A, who informed them that she lived in the trailer park. Id. at 46-54. The woman asked the officers who they were. Id. After informing her that they were police officers, they asked her to leave the area so they could continue their investigation of Unit 97-A, and she complied. Id. at 46.

Officers Brady and Schwartz then approached Unit 97-A, and while ascending a set of wooden steps leading to the elevated deck of the trailer, the officers detected the strong odor of burnt marijuana emanating from Unit 97-A. Id. at 8, 35-37. Fearing that the woman with red hair would alert the occupants of Unit 97-A to their presence, leading to the destruction of evidence, the officers opted not to leave to obtain a search warrant, and instead knocked on the door of the trailer. Id. at 47. Johnson opened the door, remaining inside the doorway in the “threshold area” of the trailer. Id. at 9, 25, 37. When the door opened, the officers observed that the trailer was smoke-filled, and detected an even stronger smell of burnt marijuana emanating from the trailer, leading the officers to believe that marijuana was actively burning inside the residence. Id. at 9-11, 36. Johnson stepped out of the trailer and onto the porch area, approximately one and a half feet outside the front door. Id. at 24; 37. The officers asked Johnson if they could enter the trailer to speak with him, to which Johnson replied, “go fuck yourself, you’re not coming in my house.” Id. at 10, 23-24, 37-38. Officer Schwartz informed Johnson that he would obtain a search warrant, whereupon Johnson told them to “go ahead and do that” before turning around to re-enter the trailer. Id. at 10-12, 24, 37-38.

Fearing that Johnson was going to destroy evidence, Officers Schwarz and Brady informed Johnson that they needed to secure the residence, and took hold of Johnson by the arm to prevent him from re-entering the trailer. Id. at 12, 37-38. Johnson pulled away, “became aggressive” and pushed at the police officers. Id. at 10-12, 24, 37-38. In the ensuing struggle, all three men slipped and fell from the porch to the pavement. Id. The officers subsequently placed Johnson under arrest. During a search incident to the arrest, the officers recovered $458 from Johnson. Id. at 12-14.

After restraining Johnson, the police officers asked him if there was anybody else in the trailer, to which Johnson responded “yes.” Id. at 14. Wfiiile Officer Brady transported Johnson to the police station, Officers Schwartz and Gansky knocked again on the front door of Unit 97-A and called for the occupants. Receiving no response, the officers entered Unit 97-A “to make sure there was no one else inside.” Id. Upon entering, the officers encountered Johnson’s wife. Id. at 17. Mrs. Johnson asked the officers to leave, but after the officers explained that they were securing the residence pending a search warrant, Mrs. Johnson voluntarily left the trailer. Id. at 14-17. The officers “looked into” the various rooms of the trailer to ensure nobody else was present, but did not conduct a search for contraband. Id. at 44. The officers did however observe, in plain view, a marijuana cigarette actively burning in the living room area. Id. at 17-18. The officers did not see any other drugs or paraphernalia. Id. After Mrs. Johnson departed, Officer Gansky remained on the porch to ensure the security of the trailer pending issuance of the search warrant. Id. at 40.

[933]*933Johnson was transported to the police station, where Officer Brady provided him with Miranda1 warnings, after which Johnson provided a written statement admitting to the possession, use, and delivery of marijuana, and indicating that there was marijuana stored in the kitchen cabinet of his trailer. Id. at 28-33; Commonwealth Exhibit 1. See also Trial Court Opinion, 8/16/12, at 2-5.

Johnson was subsequently charged with possession of a controlled substance with intent to deliver, possession with intent to use drug paraphernalia, person not to possess a firearm, and resisting arrest.2 An affidavit for a search warrant was prepared and submitted to District Judge Baranoski, who issued a warrant at 3:15 p.m., approximately four hours after the incident began. Id. at 17-19; Trial Court Opinion, 8/12/16, at 5.

On August 21, 2012, Johnson filed a pretrial motion to suppress the physical evidence from the trailer and the incriminating statements he made after his arrest, asserting that the evidence was obtained in violation of his rights pursuant to the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution. The trial court convened a hearing on May 9, 2012, at the conclusion of which the trial court granted Johnson’s suppression motion. N.T., 5/9/12, at 75. The Commonwealth filed a timely notice of appeal asserting that the grant of Johnson’s suppression motion would terminate or substantially handicap the prosecution. Pa.R.A.P. 311(d). Both the Commonwealth and the trial court have complied with Pa.R.A.P. 1925. Johnson did not file a responsive brief before this Court.

The Commonwealth presents the following issues for our review:

A. WHETHER THE SUPPRESSION COURT ERRED AND/OR MISAPPLIED THE STANDARD FOR SEARCHES AND SEIZURES BY SUPPRESSING THE EVIDENCE SEIZED IN THIS CASE BASED ON ITS FINDINGS THAT THE POLICE OFFICERS WERE REQUIRED TO OBTAIN A SEARCH WARRANT FOR [JOHNSON’S] RESIDENCE IMMEDIATELY AFTER SMELLING THE ODOR OF BURNT MARIJUANA COMING FROM THE RESIDENCE, AND WERE NOT OTHERWISE PERMITTED TO FURTHER THEIR INVESTIGATION THROUGH OTHER REASONABLE MEANS, SUCH AS ATTEMPTING TO SPEAK WITH THE RESIDENT OR SEEK CONSENT?
B.

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Cite This Page — Counsel Stack

Bluebook (online)
68 A.3d 930, 2013 Pa. Super. 95, 2013 WL 1737024, 2013 Pa. Super. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-johnson-pasuperct-2013.