Commonwealth v. Leach

33 Pa. D. & C.4th 537, 1996 Pa. Dist. & Cnty. Dec. LEXIS 195
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedApril 4, 1996
Docketno. 2768 C.D. 1995
StatusPublished

This text of 33 Pa. D. & C.4th 537 (Commonwealth v. Leach) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Leach, 33 Pa. D. & C.4th 537, 1996 Pa. Dist. & Cnty. Dec. LEXIS 195 (Pa. Super. Ct. 1996).

Opinion

CLARK, /.,

This court has been called upon to review defendant’s motion to suppress evidence seized from his person by the Harrisburg police. After a hearing on the matter and an independent examination [539]*539of the record and existing law, in accordance with the attached order, the motion is hereby granted.

In spite of the foregoing decision, this court recognizes the inherent evils possessed by narcotics possession, distribution and use. The members of the Harrisburg police, Community Attack on Narcotics unit are strongly commended for ferreting out such undesirable activity and improving the lifestyle of city residents. However, the officers must be careful that their overzealousness does not encroach upon the rights guaranteed by the Fourth Amendment to the United States Constitution and Article 1, Section 8 of the Pennsylvania Constitution. The Fourth Amendment provides citizens the right to be secure in “their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Pennsylvania Constitution further ensures that “people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures.” Pa.C.S. Constitution Article 1, section 8.

In order to assure that these constitutional rights are preserved, the methods utilized by the police in fighting the war on drugs must be examined with strict scrutiny. It is imperative that the end shall not be used to justify the means.

“The seriousness of the criminal activity under investigation, whether it is the sale of drugs or the commission of a violent crime, can never be used as justification for ignoring or abandoning the constitutional right of every individual in this Commonwealth to be free from intrusions upon his or her personal liberty absent [reasonable suspicion or] probable cause.” Commonwealth v. Rodriquez, 532 Pa. 62, 73, 614 A.2d 1378, 1383 (1992).

In the case at hand, the police used the offense of drug possession as justification for abandoning the de[540]*540fendant’s constitutional right to be free from unreasonable searches and seizures.

On July 25, 1995, at approximately 9:30 p.m., Harrisburg Police Officers Christopher Juba and Donald Heffner were on a routine patrol in the 1900 block of Susquehanna Street in the City of Harrisburg. Officer Juba testified that he was traveling in an unmarked vehicle in a northerly direction along the 1900 block when he first observed the defendant. (N.T. 9, 11. 19.) The defendant was standing in a well-lit area on the 2000 block while straddling a bicycle between his legs. (N.T. 5, 11. 18-24; 17 11. 6-7.) Officer Juba stated he was approximately 50 to 60 yards away from the defendant when he noticed him engaging in a conversation with a gentleman standing to his left. (N.T. 16,11.25-17, 11.1, 5, 11. 18-6, 11. 1-2)). Officer Juba explained that he had a partial front and side view of the defendant and a back view of the other gentleman. (N.T. 11, 11. 8-16.) As the vehicle slowly approached the men, Officer Juba witnessed the defendant receive U.S. currency from the other gentleman. The officer was approximately 10 feet away when he saw the defendant take stretched out bills in his right hand. (N.T. 6,11. 2-5; 17,11. 16-19.) He also noticed a bulge in the defendant’s left front pants pocket which he believed to be a pill bottle. (N.T. 6, 11. 6-9.)

Believing that a possible drug transaction had just occurred, the officers stopped their vehicle as they immediately traveled past the men to conduct a further investigation. (N.T. 6,11.11-13.) After the officers exited the vehicle, they identified themselves as members of the Harrisburg police. As they approached the defendant, he simultaneously moved towards their location. At this time, Officer Juba requested identification while Officer Heffner “patted down” the defendant’s left front pants [541]*541pocket and inquired, “What’s that?” (N.T. 7, 11. 4-12; 25,11.15-25.) In response thereto, the defendant reached into his pocket and stated, “I will show you.” While pulling out a tan pill bottle, the defendant struck Officer Heffner’s mouth with his free hand and subsequently threw the bottle onto a nearby garage roof. (N.T. 7, 11. 16-21; 26, 11. 3-14.)

After a brief struggle, the defendant was placed under arrest and charged with the following: possession with intent to deliver a controlled substance, resisting arrest, unlawful possession of drug paraphernalia, and unlawful possession of a small amount of marijuana. A search incident to the arrest produced a bag of marijuana and $24 in cash. These items, along with the pill bottle which was found to contain crack cocaine, were taken into evidence. On December 8, 1995, the defendant filed a motion to suppress the seized evidence. A hearing was held on the matter before the present court on February 7, 1996.

In deciding whether to grant the defendant’s motion, the circumstances surrounding his arrest must be analyzed in a series of four steps. We must determine whether (1) the defendant was detained or seized by police; (2) the detention was lawful; (3) the defendant was frisked by police; and (4) the frisk was lawful. If all of these steps cannot be satisfied, then the evidence must be suppressed on the basis that it was illegally obtained. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

The Pennsylvania Supreme Court recently addressed the issue of whether, in fact, a person has been seized within the meaning of Article 1, Section 8 of the Pennsylvania Constitution. In Commonwealth v. Matos; [542]*542Commonwealth v. McFadden, and Commonwealth v. Carroll, 543 Pa. 449, 672 A.2d 769 (1996), the court consolidated three cases, whereby it rejected the standard set forth by the U.S. Supreme Court in California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.E.2d 690 (1991). Under Hodari D., an arrest or seizure of a person under the Fourth Amendment requires either the application of physical force with lawful authority or submission to the assertion of authority. In discarding this test, the Pennsylvania Supreme Court adopted the standard it set forth in Commonwealth v. Jones, 474 Pa. 364, 378 A.2d 835 (1977) in conjunction with the standard of the United States Supreme Court in United States v. Mendenhall, 466 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). In Jones the court adopted an objective standard to determine what amount of force is necessary to constitute the initiation of a Terry stop. The standard is whether “a reasonable [person] innocent of any crime, would have thought (he was being restrained) had he been in the defendant’s shoes.” Id. at 373, 378 A.2d at 840. In Mendenhall the U.S. Supreme Court decided, “a person has been ‘seized’ within the meaning of the Fourth Amendment only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed he was not free to leave.” Id., 466 U.S. at 555, 100 S.Ct. at 1877, 64 L.Ed.2d at 509.

In Matos, supra, the Pennsylvania Supreme Court revisited its decision in Commonwealth v.

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Related

Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
United States v. Mendenhall
446 U.S. 544 (Supreme Court, 1980)
California v. Hodari D.
499 U.S. 621 (Supreme Court, 1991)
In the Interest of Barry W.
621 A.2d 669 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Greber
385 A.2d 1313 (Supreme Court of Pennsylvania, 1978)
Commonwealth v. Patterson
591 A.2d 1075 (Superior Court of Pennsylvania, 1991)
Commonwealth v. White
516 A.2d 1211 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Martinez
588 A.2d 513 (Superior Court of Pennsylvania, 1991)
Commonwealth v. Dorsey
654 A.2d 1086 (Superior Court of Pennsylvania, 1995)
Commonwealth v. Lewis
636 A.2d 619 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Espada
528 A.2d 968 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Hicks
253 A.2d 276 (Supreme Court of Pennsylvania, 1969)
Commonwealth v. Edmunds
586 A.2d 887 (Supreme Court of Pennsylvania, 1991)
Commonwealth v. Pollard
299 A.2d 233 (Supreme Court of Pennsylvania, 1973)
Commonwealth v. Matos
672 A.2d 769 (Supreme Court of Pennsylvania, 1996)
Commonwealth v. Jones
378 A.2d 835 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Jeffries
311 A.2d 914 (Supreme Court of Pennsylvania, 1973)
Commonwealth v. Rodriquez
614 A.2d 1378 (Supreme Court of Pennsylvania, 1992)

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Bluebook (online)
33 Pa. D. & C.4th 537, 1996 Pa. Dist. & Cnty. Dec. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-leach-pactcompldauphi-1996.