Commonwealth v. Newman

84 A.3d 1072, 2014 Pa. Super. 2, 2014 WL 31327, 2014 Pa. Super. LEXIS 2
CourtSuperior Court of Pennsylvania
DecidedJanuary 6, 2014
StatusPublished
Cited by19 cases

This text of 84 A.3d 1072 (Commonwealth v. Newman) 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. Newman, 84 A.3d 1072, 2014 Pa. Super. 2, 2014 WL 31327, 2014 Pa. Super. LEXIS 2 (Pa. Ct. App. 2014).

Opinion

OPINION BY BENDER, J.:

The Commonwealth appeals from the order of the trial court granting Appellee’s suppression motion and denying the Commonwealth’s motion for reconsideration of the same. After careful review, we affirm.

The trial court summarized the facts adduced at the suppression hearing as follows:

The facts of this case were long and drawn out as it involved police surveillance of numerous drug transactions in a known drug area over an hour and a half time period prior to the [AppelleeJ’s arrival at the scene. The testifying officers admitted that [Appellee] was not observed in any of the money for drugs transactions, but was stopped after he was seen receiving a black plastic bag from a person under police watch. [Ap-pellee] was the only occupant of the vehicle at all times relevant.
The Commonwealth first presented the testimony of Police Officer Warren who stated that on August 31st, 2011, at approximately 11:00 a.m., he was conducting narcotics surveillance in the 5500 block of Blakemore Street in the City of Philadelphia. He specified an area in front of 5536 Blakemore Street as the area he was surveilling at that time. He testified that he observed numerous black males, later identified as Messrs. Tarpley, Taylor, Butts and Whi-ley, in addition to an unknown black male, conduct what he believed to be several narcotics transactions at that location. He described each of the narcotics transactions that he observed during the time in detail.
Some of the individual buyers involved in those transactions were stopped by various back-up/take down police officers and were found to be in possession [of] crack cocaine. The buyers were both on foot and in motor vehicles.
At approximately 12:30 p.m. on that date, all of the males previously identified left the area of 5536 Blakemore Street and proceeded to walk to an area on Woodlawn Street. Officer Warren testified that he received information from another member of his take down team that the officer observed Mr. Whi-ley walk out of an alley with a black plastic bag. [Appellee] then pulled up to Mr. Whiley on the 5500 block of Blake-more Street in a gray Grand Marquis motor vehicle.
Police Officer Warren testified that he observed Mr. Whiley put the black bag in [Appellee]’s car and then watched the [Appellee] as he left the area. He further testified that he relayed this infor[1075]*1075mation to a member of his backup team, specifically, Police Officer Ellis.
Another Police Officer’s testimony was stipulated to between counsel. It was entered on the record that if Police Officer Nosik were called to testify, he would have stated that he had observed Mr. Tarpley, another of this group of males previously mentioned, enter a rear alley on Woodlawn Street and exit the alley with a black plastic bag which he gave then to Mr. Whiley. This was the bag that Mr. Whiley gave to [Appel-lee]. This bag went from Mr. Tarpley to Mr. Whiley to the [Appellee].
The Commonwealth next called Police Officer Ellis. He testified as to his experience and training, including conducting over 1,000 vehicle stops. He indicated he was part of the take down team for the 14th District Narcotics Enforcement Team on August 31st, 2011. He further testified that based on information received from Police Officer Warren, he stopped [Appellee]’s vehicle after he activated his lights and sirens.
According to Officer Ellis, [Appellee] did not immediately pull over, but did so after approximately 20 to 30 seconds. He also said he followed [Appellee]’s vehicle for approximately one to one and a half blocks before he attempted to stop him. He did not testify to any unusual movements or actions by [Appellee] during the entire time that he was able to observe him.
After [Appellee] pulled over and stopped, Officer Ellis testified he exited his vehicle and approached [Appelleejs driver’s side, identifying himself as a police officer. He then told [Appellee] to shut off the vehicle’s engine and to exit his vehicle. He further testified that [Appellee] was initially belligerent and yelled at him, but did eventually comply with his directives.
Police Officer Ellis testified as he was concerned about the presence of a firearm in [Appellee]’s vehicle, as he is with all vehicles that he stops in this type of situation. His concern for officer safety was the reason that he had [Appellee] exit the vehicle.
Officer Ellis immediately saw the black plastic bag on the floor of [Appel-lee]’s vehicle. He then felt that bag for the presence of a firearm but did indicate he felt what he described as glass vials in the bag, which he believed to be crack cocaine, as that is the manner that this drug was sold in this area. He then testified he immediately put [Appellee] in handcuffs. No weapon was found on [Appellee] or in the car.

Trial Court Opinion (TCO), 10/12/13, at 1-4.1

The Commonwealth charged Appellee with possession, possession with intent to deliver (PWID), and conspiracy (to PWID). Appellee filed a motion to suppress the physical evidence (the vials of crack cocaine), alleging the contraband was seized in violation of his Fourth Amendment rights. A suppression hearing was held on June 28, 2012, where Officer Ellis and Officer Warren were the only testifying witnesses. At the conclusion of that hearing, the trial court granted Appellee’s motion to suppress. Although it determined that police had probable cause to stop Appellee’s vehicle, the trial court nevertheless ruled that Officer Ellis’ warrantless search which uncovered the crack vials was conducted in the absence of exigent circumstances.

[1076]*1076The Commonwealth filed a motion for reconsideration of the order granting suppression, arguing that Appellee failed to establish a legitimate expectation of privacy in the searched vehicle and, in any event, that the seizure fit within a recognized exception to the warrant requirement. On July 18, 2012, the trial court held a reconsideration hearing to consider the Commonwealth’s motion. The reconsideration motion was denied, upholding the previous order granting suppression.

The Commonwealth filed a timely notice of appeal and a timely Pa.R.A.P. 1925(b) statement of errors complained of on appeal. The Commonwealth now presents the following question for our review:

Did the lower court err in suppressing a bag of crack cocaine a police officer saw in plain view in the car defendant was driving, where defendant failed to establish a legitimate expectation of privacy in the car and the seizure was, in any event, proper?

Commonwealth’s Brief at 4.

The nature of the Commonwealth’s claim is, in fact, three distinct alternative claims; however, all of the three claims assert the trial court abused its discretion in granting Appellee’s suppression motion. The Commonwealth first alleges that Ap-pellee failed to establish a legitimate privacy interest in the vehicle he was driving and, therefore, Appellee could not contest the warrantless search that exposed the contraband. Alternatively, the Commonwealth alleges the applicability of one or two exceptions to the warrant requirement: 1) the plain view exception; and/or 2) the limited automobile exception. We will address these claims ad seriatim.

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Cite This Page — Counsel Stack

Bluebook (online)
84 A.3d 1072, 2014 Pa. Super. 2, 2014 WL 31327, 2014 Pa. Super. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-newman-pasuperct-2014.