Commonwealth v. Kneer

743 A.2d 942, 1999 Pa. Super. 279, 1999 Pa. Super. LEXIS 4031
CourtSuperior Court of Pennsylvania
DecidedNovember 17, 1999
StatusPublished

This text of 743 A.2d 942 (Commonwealth v. Kneer) 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. Kneer, 743 A.2d 942, 1999 Pa. Super. 279, 1999 Pa. Super. LEXIS 4031 (Pa. Ct. App. 1999).

Opinion

DEL SOLE, J.:

¶ 1 The Commonwealth brings this appeal from an order granting Appellee’s motions to suppress physical evidence and identification. We affirm.

¶ 2 Appellee was charged with burglary, criminal trespass, loitering or prowling at night, and theft by unlawful taking stemming from events occurring on the campus of Bucknell University in Lewisburg, Pennsylvania. Appellee filed pre-trial motions seeking to suppress physical evidence and the identification of Appellee by the victim. Following the filing of briefs and a hearing, the trial court granted Appellee’s motions to suppress physical evidence and to suppress the identification finding the Commonwealth failed to establish the officers’ authority to arrest. This appeal followed.

¶ 3 The Commonwealth presents two issues for our review: (1) whether the trial court committed an abuse of discretion in raising an issue of proof sua sponte; and (2) whether the trial court committed an error of law in its interpretation and application of Snyder v. Commonwealth, 163 Pa.Cmwlth. 178, 640 A.2d 490 (1994).

¶ 4 When the Commonwealth appeals from a suppression order, we follow a clearly defined standard of review and consider only the evidence from the defendant’s witnesses together with the evidence of the prosecution that, when read in the context of the entire record, remains uncontradicted. Commonwealth v. Pickron, 535 Pa. 241, 634 A.2d 1093 (1993). The suppression court’s findings of fact bind an appellate court if the record supports those findings. Id. The suppression court’s conclusions of law, however, are not binding on an appellate court, whose duty it is to determine if the suppression court properly applied the law to the facts. See Thatcher’s Drug Store of West Goshen, Inc. v. Consolidated Supermarkets, Inc., 535 Pa. 469, 636 A.2d 156 (1994).

¶ 5 The relevant facts, as summarized by the trial court are as follows:

At approximately 1:45 A.M. on March 8, 1998, Mr. [Jerome] Halluitte was returning to his living quarters, located in Roberts Hall on the Bucknell campus. Halluitte described his room as a “split double,” meaning two rooms divided by a connecting door. As he was watching television in his roommates’ room, Hal-luitte heard noises coming from his room. As he opened the connecting door, he observed an individual standing in his room. Halluitte described the individual as a young male, approximately 5’8” or 5’9” tall, wearing a blue knit [944]*944hat, black hooded sweatshirt, and baggy pants. The individual had sideburns and was poorly shaven. Halluitte testified that he saw the individual for more than one second.
The individual jumped out the window and Halluitte followed. Halluitte noticed another individual running with the suspect. According to Halluitte, neither individual had a skateboard. Unable to overtake the two individuals, Halluitte abandoned the chase and headed to the University’s public safety building, where he reported the incident to Sgt. Jonathan Weaver of the Public Safety Office.
Public Safety Officer Donald Wiriek testified that while on routine patrol in a University Public Safety Office vehicle he received the report of the burglary in the Roberts Hall suite and also received a description of the alleged perpetrator. Approximately ten minutes later, Wiriek observed an individual on a skateboard. According to Wiriek, he was struck by the following: 1) the individual had long hair and several days growth of beard; 2) the individual was wearing a wool hat, dark colored top, and baggy pants; 3) the individual did not look like he belonged on Bucknell’s campus. However, Wiriek noted that he had not received a height and weight description.
Wiriek exited his vehicle and approached the individual, who, at this point, was walking on the sidewalk carrying the skateboard. Wiriek indicated that he wanted to speak to the individual. The individual advised Wiriek that he was a Lewisburg resident and that Wiriek should speak to his attorney. After Wiriek again told the individual, the individual ran from Wiriek. Wiriek followed the individual in foot pursuit and radioed that he was pursuing a possible suspect. During the foot pursuit, Wir-ick lost sight of the individual for thirty to forty-five seconds. Wiriek then received a radio transmission from another public safety officer, Michael Griffiths, who reported that he had stopped the individual on South Fourth Street in the Borough of Lewisburg.
Griffiths testified that while on routine patrol he had heard Wirick’s radio call that he was in foot pursuit of a possible suspect. Griffiths then spotted a lone white male wearing a dark top and baggy clothing. Griffiths ordered the individual, who appeared to be fatigued, to stop. The individual sat on a nearby stoop. Griffiths and the individual waited for Wiriek and Sgt. Weaver, who arrived within seconds. Griffiths and Wiriek detained the individual until a police officer arrived. The first police officers on the scene were two Pennsylvania State Police troopers. Upon their arrival, and after discussion with the Public Safety officers from Bucknell, one of the troopers handcuffed the individual.
Sgt. Weaver then brought Halluitte to the scene to identify the individual. At the time of the identification, Bucknell Public Safety officers, State Police troopers, and an East Buffalo Township police officer who had also arrived on the scene, surrounded the individual. While seated in the Public Safety cruiser with the window up and within four to eight feet of the suspect, Halluitte identified [Appellee] as the individual in his room that night. Halluitte testified that at the time of the identification, [Appel-lee] was handcuffed, standing against a wall, surrounded by police officers and police vehicles with their lights shining on [Appellee].

¶ 6 Trial Court Opinion, November 16, 1998 at 2-4.

¶ 7 First, the Commonwealth argues the trial court abused its discretion by sua sponte analyzing the Commonwealth’s burden of proof in establishing the authority of Officer Wiriek and Officer Griffiths. The Commonwealth contends that because Appellee initially challenged the off campus authority of the officers under 71 P.S. § 646.1 (Campus Police Powers and [945]*945Duties) and Appellee allegedly never showed interest in the issue once it was established that the officers were not “campus police,” pursuant to 71 P.S. § 646.1, the court erred in reviewing the matter further.

¶ 8 However, a review of the testimony from the September 29, 1998, pretrial hearing reveals that the Commonwealth brought the issue of the officers’ authority to the court’s attention when it specifically questioned Donald J. Wirick concerning his authority as a Bucknell officer. In response, the officer stated that he believed his authority came from the Private Police Act of Pennsylvania (22 Pa. C.S.A. § 501). Because the Commonwealth raised the issue of the officers’ authority under Section 501-in direct examination, it cannot now assert that the trial court ventured into this area of the law sua sponte. Accordingly, we find the claim that the trial court abused its discretion to be meritless.

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Related

Snyder v. Commonwealth
640 A.2d 490 (Commonwealth Court of Pennsylvania, 1994)
Commonwealth v. Pickron
634 A.2d 1093 (Supreme Court of Pennsylvania, 1993)

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Bluebook (online)
743 A.2d 942, 1999 Pa. Super. 279, 1999 Pa. Super. LEXIS 4031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-kneer-pasuperct-1999.