Commonwealth v. Randolph

151 A.3d 170, 2016 Pa. Super. 253, 2016 Pa. Super. LEXIS 671
Superior Court of Pennsylvania·Decided November 16, 2016·No. 1246 MDA 2015·Published·Cited by 41 cases

Opinions

[174] OPINION BY JENKINS, J.:

Jason Randolph appeals from his aggregate judgment of sentence of 5½-11 years’ imprisonment for possession with intent to deliver a controlled substance, possession of a controlled substance, possession of drug paraphernalia and possession of an instrument of crime.1 Randolph contends that the trial court erred in denying his motion to suppress all evidence that Corporal Brett Hanlon of the State Police seized from a box welded to his motor vehicle following a traffic stop on Interstate 80.

Although Corporal Hanlon obtained valid consent from Randolph to search the vehicle at the scene of the traffic stop, and although the corporal correctly decided to apply for a warrant to search the box, the application failed to establish probable cause that the box would contain contraband or evidence of crime. Therefore, we vacate Randolph’s judgment of sentence and remand for further proceedings consistent with this opinion.

On March 7, 2013, Randolph was arrested following a traffic stop on Interstate 80 and the execution of the search warrant for the box welded to his motor vehicle. The trial court held a suppression hearing and subsequently entered an order denying Randolph’s motion to suppress. The case proceeded to trial, and a jury found Randolph guilty of all charges.

On June 14, 2015, the trial court imposed sentence. On June 20, 2015, Randolph filed a notice of appeal. Both Randolph and the trial court complied with Pa.R.A.P. 1925.

Randolph raises three issues in this appeal:

1.Did the suppression court err in holding that the Commonwealth presented sufficient evidence that [Randolph’s] consent to search was not the product of duress and coercion?
2. Did the suppression court err in finding that the search warrant for [Randolph’s] vehicle contained sufficient probable cause to justify its issuance?
3. Did the trial court err in permitting the Commonwealth to present hearsay testimony from a trooper in testifying about reports from other troopers that discussed the fingerprint and cell phone analysis?

Brief For Appellant, at 4.

Preliminarily, we address a jurisdictional issue. On June 24, 2015—after Randolph filed his notice of appeal but within ten days after imposition of sentence—the Commonwealth filed a motion to modify Randolph’s sentence. On September 18, 2015, the trial court denied the Commonwealth’s motion. In this Court, the Commonwealth has moved to quash Randolph’s appeal as premature due to the filing of the Commonwealth’s motion to modify sentence within ten days after imposition of sentence.

We deny the Commonwealth’s motion to quash. Pa.R.A.P. 905(a)(5) provides: “A notice of appeal filed after the announcement of a determination but before the entry of an appealable order shall be treated as filed after such entry and on the day thereof.” Rule 905(a)(5) applies where a criminal defendant files an appeal followed by the Commonwealth’s filing of a timely motion to modify sentence. Comment, Pa. R.Crim.P. 720; Darlington, Pennsylvania Appellate Practice, § 905:3. Pursuant to Rule 905(a)(5), we treat Randolph’s appeal as timely filed after entry of the order denying the Commonwealth’s motion to modify.

[175] In his first two arguments on appeal, Randolph objects to the denial of his motion to suppress. In an appeal from the denial of a motion to suppress,

[our] standard of review ... is limited to determining whether the suppression court’s factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct. Because the Commonwealth prevailed before the suppression court, we may consider only the evidence of the Commonwealth and so much of the evidence for the defense as remains uncontradict-ed when read in the context of the record as a whole. Where the suppression court’s factual findings are supported by the record, [the appellate court is] bound by [those] findings and may reverse only if the court’s legal conclusions are erroneous. Where .. .■ the appeal of the determination of the suppression court turns on allegations of legal error, the suppression court’s legal conclusions are not binding on an appellate court, whose duty it is to determine if the suppression court properly applied the law to the facts. Thus, the conclusions of law of the courts below are subject to [] plenary review.

Commonwealth v. Jones, 605 Pa. 188, 988 A.2d 649, 654 (2010).

Corporal Hanlon was the lone witness at Randolph’s suppression hearing, and the Commonwealth also submitted a videotape of the traffic stop into evidence. The trial court’s findings of fact are consistent with Corporal Hanlon’s testimony and the videotape.

Corporal Hanlon, a state trooper for 18 years, was assigned to the Bureau of Emergency Special Operations in the K-9 unit. On the morning of March 7, 2013, Corporal Hanlon’s patrol vehicle was parked on 1-80. A K-9 dog, Draco, accompanied the corporal in his patrol vehicle. Suppression Hearing (“SH”), at 11-12.

At approximately 10:30 a.m., Randolph drove his Chrysler Town & Country minivan past the corporaFs parked patrol cruiser on 1-80. Corporal Hanlon initiated a traffic stop because the minivan’s windows contained an illegal tint and because he could not see the registration on the license plate. The driver parked the vehicle very close to the fog line. Corporal Hanlon referred to this as “white lining”, a technique he has observed drug'traffickers use to expedite the traffic stop by discouraging the police officer from approaching the driver side of the vehicle.

Randolph was driving the van along with one passenger. Corporal Hanlon requested Randolph’s license, registration, and insurance and returned to his patrol cruiser with these documents. SH, at 14-18.

Corporal Hanlon ran Randolph’s information and found that he had a prior drug trafficking conviction. After about twenty minutes, the corporal returned to Randolph’s vehicle and directed him to exit the van. The corporal observed that there were no rear seats in the van. While he explained the Vehicle Code violations to Randolph, a second trooper, Trooper Rowland; operating a marked patrol cruiser, arrived, on scene and joined the conversation. Corporal Hanlon advised Randolph that he was issuing a written warning and told Randolph that he was free to leave. SH, at 19, 22.

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Commonwealth v. Randolph, 151 A.3d 170, 2016 Pa. Super. 253, 2016 Pa. Super. LEXIS 671 (Pa. Ct. App. 2016).

151 A.3d 170 (Commonwealth v. Randolph) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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