Commonwealth v. Laventure

858 A.2d 112, 2004 Pa. Super. 296, 2004 Pa. Super. LEXIS 2309
CourtSuperior Court of Pennsylvania
DecidedJuly 27, 2004
StatusPublished
Cited by2 cases

This text of 858 A.2d 112 (Commonwealth v. Laventure) 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. Laventure, 858 A.2d 112, 2004 Pa. Super. 296, 2004 Pa. Super. LEXIS 2309 (Pa. Ct. App. 2004).

Opinions

OPINION BY McCAFFERY, J.:

¶ 1 In this appeal, we are asked to determine whether a “John Doe” criminal complaint and warrant are sufficient to toll a statute of limitations when the complaint and warrant were amended within approximately one week of issuance to reflect the actual identity of the alleged perpetrator. Appellant, the Commonwealth of Pennsylvania, appeals the order entered in the Court of Common Pleas of Lancaster County which dismissed a criminal complaint against Appellee, Stephen Laven-ture, because the trial court deemed the complaint and warrant at issue untimely. Pennsylvania case law has not yet adequately addressed the issue of how to assess the constitutional sufficiency of “John Doe” warrants. We believe this case presents an opportunity for this Court to adopt a clear standard, one which will utilize a practical approach which considers both what the Commonwealth knew or should have known at the time of the issuance of a “John Doe” criminal complaint and warrant, as well as whether the complaint and warrant were subsequently amended in a timely fashion, due to a rapidly-developing investigation. We hold that the criminal complaint and warrant filed were sufficiently specific, under the facts and circumstances in this case, to toll the applicable statutes of limitation. Accordingly, we reverse the trial court’s order and reinstate the criminal complaint against Appel-lee.

¶ 2 The salient facts and procedural history are as follows. On August 2, 1997, a fire was intentionally set at a structure formerly operated as a business known as “Instant Amish”, located at 3452 Old Philadelphia Pike, Intercourse, Lancaster County, Pennsylvania. In spite of an intense investigation including interviews with insurance agents, arson experts and individuals familiar with the particular business in question, the Commonwealth’s investigation only began to bear fruit in early May 2002, when one Christopher J. Kluge came forward to authorities. Kluge confessed that he had poured a flammable substance within the structure and had then left the rear door open so that a white male in his thirties, known only to him as “Steve”, could torch the structure. Kluge also revealed that his former business partner, Russell D. Shope, had directed him to take this action so that they could collect insurance. Further, Kluge witnessed Shope place five hundred dollars in the business cash register as advance payment for “Steve” to set the fire.

¶ 3 Subsequently, on July 29, 2002, the Commonwealth issued a criminal complaint and warrant for Christopher J. Kluge, Russell D. Shope and Appellee, John Doe “Steve.” The Commonwealth set forth all the information it had concerning “Steve”, including his approximate age and race. Within mere days thereafter, and just as soon as the information became known as a result of their rapidly-developing investigation, the complaint and warrant were amended to reflect Appellee’s full name, Stephen Laventure. In addition, the complaint and warrant contained Appellee’s location, as the Commonwealth had learned that Appellee was then [114]*114an inmate in a Florida correctional institution.

¶ 4 On October 23, 2002, Appellee arrived in Pennsylvania from Florida pursuant to a detainer which the Commonwealth filed under the Interstate Agreement on Detainers. Subsequently, Appellee filed a Motion to Quash Criminal Complaint for Failure to Timely File Under 42 PA.C.S.A. § 5552. The parties argued this motion on July 7, 2003, after which the trial court granted Appellee’s motion on the basis that the statute of limitations had expired prior to the amendment of the criminal complaint and warrant. The trial court dismissed the criminal complaint against Appellee as a consequence, and the instant appeal followed.

¶ 5 The Commonwealth raises the following issues for our review:

1. DID THE TRIAL COURT ERR IN DISMISSING THE CASE UNDER 42 PA.C.S. § 5552 WHERE THE COMMONWEALTH COMMENCED PROSECUTION WITHIN FIVE YEARS FROM COMMISSION OF MAJOR OFFENSES BY FILING A JOHN DOE COMPLAINT WITH THE BEST AVAILABLE DESCRIPTION OF THE DEFENDANT AND THE WARRANT WAS EXECUTED WITHOUT UNREASONABLE DELAY AFTER THE FULL NAME AND LOCATION OF THE DEFENDANT WAS ASCERTAINED BY THE COMMONWEALTH?
2. DID THE TRIAL COURT ERR WHEN IT HELD THAT THE PERIOD OF LIMITATION CONTINUED TO RUN DURING THE TIME WHEN THE DEFENDANT WAS CONTINUOUSLY ABSENT FROM THE COMMONWEALTH? 1

(Commonwealth’s Brief at 3).

¶ 6 We begin by noting that the Commonwealth has raised questions of law in this appeal and, therefore, our standard of review is de novo, and the scope of our review is plenary. See Commonwealth v. Cruz, 355 Pa.Super. 176, 512 A.2d 1270, 1270 (1986).

¶ 7 It is beyond cavil that only the filing of a valid complaint or the issuance of a valid warrant is sufficient to toll the statute of limitations. See Commonwealth v. Cardonick, 448 Pa. 322, 330, 292 A.2d 402, 406-407 (Pa.1972). While the Fourth Amendment to the United States Constitution requires that “no warrants shall issue, but upon probable cause supported by Oath or affirmation, and particularly describing.. .the person...to be seized”, Pennsylvania specifically allows the Commonwealth to issue criminal complaints against unidentified defendants where the complaints contain “a description of the defendant as nearly as may be.” See Pa.R.Crim.P. 504(2).2 The crucial question is how to determine what constitutes a description “as nearly as may be”.

¶ 8 Some jurisdictions have strictly interpreted the constitutional requirement for specificity in warrants. See United States v. John Doe a/k/a/ Ed, 703 F.2d 745 (3d Cir.1983) (holding warrant which described defendant as only “John Doe a/k/a/ Ed” to be constitutionally defective); United States v. Mahoney, 712 F.2d 956 (5th Cir.1983) (holding warrant issued for “John Doe a/k/a Dennis” was not constitutionally sufficient); People v. Montoya, 255 [115]*115Cal.App.2d 137, 63 Cal.Rptr. 73 (1967) (holding description “white male adult, 30 to 35 years, 5'10" 175 lbs. dark hair, medium build” did not pass constitutional muster). Other jurisdictions have allowed more latitude as to the elusive quantum of information sufficient to satisfy the Fourth Amendment’s specificity requirement, recognizing the fluid nature of criminal investigations. See United States v. Ferrone, 438 F.2d 381 (3d Cir.), cert denied, 402 U.S. 1008, 91 S.Ct. 2188, 29 L.Ed.2d 430 (1971) (holding warrant which contained the description “John Doe, a white male with black wavy hair and stocky build observed using the telephone in Apartment 4-C, 1806 Patricia Lane, McKeesport, Pennsylvania” was constitutionally sufficient); United States v. Doe, 401 F.Supp. 63 (E.D.Wis.1975) (holding indictment which included alias “Leo” or “Leonard” as well as specifics including race, sex, age, height, weight, hair color, eye color and peculiar facial characteristics was constitutionally valid).

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Cite This Page — Counsel Stack

Bluebook (online)
858 A.2d 112, 2004 Pa. Super. 296, 2004 Pa. Super. LEXIS 2309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-laventure-pasuperct-2004.