Commonwealth v. Monk

14 Pa. D. & C.4th 206, 1992 Pa. Dist. & Cnty. Dec. LEXIS 333
CourtPennsylvania Court of Common Pleas, York County
DecidedFebruary 24, 1992
Docketno. 3200 C.A. 1991
StatusPublished

This text of 14 Pa. D. & C.4th 206 (Commonwealth v. Monk) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Monk, 14 Pa. D. & C.4th 206, 1992 Pa. Dist. & Cnty. Dec. LEXIS 333 (Pa. Super. Ct. 1992).

Opinion

UHLER, J.,

Before the court is defendant, Phillip D. Monk’s motion to suppress all statements made by the defendant, and to suppress all physical evidence against the defendant seized pursuant to the execution of a search warrant.

Defendant contends that the affidavit of probable cause is deficient in that it fails to contain facts which would enable the issuing authority to make an independent determination that seizable evidence would be found on the premises to be searched. He contends through counsel that probable cause was lacking wherein the matters brought to the district justice’s attention were largely “boiler plate,” failed to provide any reliability or indicators of reliability regarding the identification of marijuana by the informant, failed to identify when the alleged marijuana was observed by the informant, failed to describe the environs from which affiant contends he secured the garbage bag attributed to the defendant, and fails to link the garbage bag to the defendant. Defendant also contends affiant has no right to trespass on his property and “root” through his trash. For the reasons outlined below, we agree and grant defendant’s motion to suppress.

The first issue before the court is whether or not probable cause can be found within the “four comers” [208]*208of the affidavit, so as to satisfy United States and Pennsylvania constitutional requirements and Rule 2003 of the Pennsylvania rules of Criminal Procedure. The second issue before the court is whether or not defendant had a reasonable expectation of privacy in garbage found in front of his residence, and if not, was the garbage identified specifically enough to link it with defendant. We set forth in full the affidavit and incorporate the same of record:

The affiant, Michael T. Burke, being duly sworn, deposes and states as follows:

“(1) The affiant has been employed as a narcotics agent with the Office of the Attorney General — Bureau of Narcotics investigation for approximately one year. Prior to this position, the affiant was employed as a police officer with the Harrisburg Police Department for approximately three years. During the past four years, the affiant has been involved in no fewer than 50 investigations involving violations of both state and federal narcotic laws. The affiant has been involved in the arrests of over 100 persons for various narcotic laws violations. The affiant has also been involved in Special Operations Teams (SWAT), in both the Harrisburg Police Bureau and the Attorney General’s Office, wherein he has been involved in numerous search warrants for illegal substances. The affiant has been involved in over 50 search warrants, including search warrants on indoor marijuana growing operations. These warrants have resulted in the seizure of quantities of controlled substances, cutting materials, packaging implements and other related drug paraphernalia; as well as U.S. currency, vehicles and records pertaining to the violations of the state and federal narcotics laws.
[209]*209“(2) The affiant, during the course of his law enforcement career has had extensive experience in debriefing defendants, participating witnesses, informants and other persons who have had personal knowledge and experience in the illicit business of indoor and outdoor marijuana growing. In addition, the affiant has been personally involved in investigations surrounding persons and/or organizations responsible for manufacturing and distributing marijuana. Based upon the affiant’s training and experience in these types of investigations, the affiant knows:
“(a) That it is common for indoor marijuana growers, when purchasing the equipment to grow marijuana indoors (lights, fertilizers, rockwool, ebb and flow systems, CO2, fans and wall coverings), that they will tell the sellers of this equipment that they are ‘legitimate growers’ (growing vegetables, flowers and herbs). But unlike legitimate growers, the marijuana growers will not talk specifically about their crops and generally will not seem to know even the simple facts about flowers, vegetables and herbs.
“(b) That marijuana growers often order the items mentioned in paragraph (a) in fictitious names or have other people pick the equipment up for them.
“(c) That indoor marijuana growers will always pay cash as opposed to checks and credit cards for their equipment, to avoid any inquiries as to their identity or purpose.
“(d) That marijuana growers go to extremes to conceal their marijuana growing operation. Furthermore, that marijuana growers do not allow people (i.e., postal [210]*210carriers, electric and gas personnel and neighbors) on their property, or near their grow rooms.
“(e) That it is common for marijuana growers to conceal in their residences, or grow rooms; caches of drugs, large amounts of currency, paraphernalia for packaging, cutting, weighing and distributing marijuana. Marijuana growers will also conceal in their residences and grow rooms; books, ledgers, records and receipts related to the manufacturing and distribution of marijuana.
“(f) That marijuana growers frequently maintain firearms or weapons to protect both the marijuana and the proceeds from the marijuana. Furthermore, marijuana growers also utilize attack dogs as well as booby traps to discourage individuals such as police officers from discovering their marijuana crops.
“(g) That indoor growing operations are often characterized by: a building structure that is not visible by way of public roads; a building structure that has lights on inside during the late hours or early hours of the day; and a building structure that appears to be closed up in certain parts.
“(h) That it is common for indoor and outdoor marijuana growers to clean, trim, manicure, harvest, dry, cure, etc. the marijuana indoors, out of public view.
“(i) That it is common for marijuana growers to throw away the cuttings of the harvested marijuana in their trash.
“(3) On September 25,1991, NAs Burke and Lowe received information from a concerned citizen (confidentiality requested) regarding an individual identified as Phillip Monk. This confidential informant, here[211]*211tofore identified as Cl 363-91, advised NAs Burke and Lowe that he/she knew that Monk, along with another individual, Bruce Ruppert, who lives with Monk and carries the same address as Monk on his Pennsylvania drivers license, is involved in an illicit marijuana growing operation, on Monk’s property, rented or owned, in York, Pennsylvania. Cl 363-91 also stated that Monk has marijuana growing outside of his residence and believes that Monk has a room in his home devoted to the growing and cultivation of marijuana. Cl 363-91 told the NAs that he/she has seen marijuana inside the residence on a number of occasions.
“(4) On September 27, 1991, NA Burke, using the Mapper, CLEAN and PennDOT computers, learned that there existed a Phillip Monk at R.D. 9, Box 105, York, Pennsylvania. NA Burke found that this Monk possessed an extensive criminal history record with at least two violations of the Controlled Substance, Drug, Device and Cosmetic Act of Pennsylvania.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Costello v. United States
365 U.S. 265 (Supreme Court, 1961)
Commonwealth v. Minton
432 A.2d 212 (Superior Court of Pennsylvania, 1981)
Gawron v. Levine
96 A.2d 149 (Supreme Court of Pennsylvania, 1953)
Commonwealth v. Perdue
564 A.2d 489 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Ariondo
580 A.2d 341 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. Gibbs
563 A.2d 1244 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Edmunds
586 A.2d 887 (Supreme Court of Pennsylvania, 1991)
Commonwealth v. Conner
305 A.2d 341 (Supreme Court of Pennsylvania, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
14 Pa. D. & C.4th 206, 1992 Pa. Dist. & Cnty. Dec. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-monk-pactcomplyork-1992.