Commonwealth v. Richter

791 A.2d 1181, 2002 Pa. Super. 7, 2002 Pa. Super. LEXIS 5
CourtSuperior Court of Pennsylvania
DecidedJanuary 11, 2002
StatusPublished
Cited by17 cases

This text of 791 A.2d 1181 (Commonwealth v. Richter) 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. Richter, 791 A.2d 1181, 2002 Pa. Super. 7, 2002 Pa. Super. LEXIS 5 (Pa. Ct. App. 2002).

Opinions

STEVENS, J.

¶ 1 This is an appeal by the Commonwealth from an order entered in the Court of Common Pleas of Bucks County granting Appellee Karen Lee Richter’s motion to suppress the physical evidence seized by the police. On appeal, the Commonwealth alleges that the warrantless, unannounced entry of the police into Ap-pellee Richter’s residence was warranted by exigent circumstances and the “knock and announce” rule was not violated.1 We reverse and remand for further proceedings.

Our scope of review when considering the Commonwealth’s appeal of a suppression order is narrow:
[W]e must consider only the evidence of the... [defendant’s] witnesses and so much of the evidence for the prosecution, as read in the context of the record as a whole, remains uncontra-dicted. If the evidence supports the factual findings of the trial court, we are bound by such findings, and we may reverse only if the legal conclusions drawn therefrom are in error.
Thus, to determine the propriety of the court’s order in this case, we must discern whether the court’s findings are supported by the evidence adduced at the suppression hearing and, if so, whether the court concluded correctly [that officers improperly entered and seized illegal narcotics and drug paraphernalia from the residence at issue].

Commonwealth v. Beasley, 761 A.2d 621, 624 (Pa.Super.2000) (citation and quotation omitted).

¶ 2 The record reveals the following: At approximately 9:20 p.m. on May 19, 2000, Police Officer Christopher J. Forbes, Police Officer Thomas, and Sergeant J.R. Landis were on-duty in Buckingham Township when they received a 911 call indicating that a domestic dispute was in progress and that a female was holding a male in a residence at gunpoint. N.T. 8/22/00 at 3-4, 10. The trio proceeded to [1184]*1184the address given, 1939 Route 413 in Buckingham, and approached the door. Without knocking and announcing his identity, Sergeant Landis opened the door, which was unlocked, and Arthur Nicholas Gosin was found standing in the kitchen. N.T. 8/22/00 at 14, 17-18. Sergeant Landis ordered Gosin to remain standing, and Officers Forbes and Thomas proceeded into the residence. N.T. 8/22/00 at 15. Officer Forbes patted down Gosin for weapons, and the remaining officers proceeded to the bedroom where Appellee Richter was located.2 N.T. 8/22/00 at 5. Sergeant Landis asked Appellee Richter what had happened, and she indicated that Gosin assaulted her. N.T. 8/22/00 at 15. Sergeant Landis went back to the front of the residence to talk to Gosin and discovered a marijuana roach on a coffee table. N.T. 8/22/00 at 15.

¶ 3 Gosin was arrested in relation to the assault, and he was read his Miranda warnings. N.T. 8/22/00 at 7. Sergeant Landis requested consent to search the residence, and Gosin consented to the search. N.T. 8/22/00 at 7. Sergeant Lan-dis searched the premises and found drug paraphernalia, including a ceramic pipe and a bong, and a baggie of marijuana in the dresser and entertainment center. N.T. 8/22/00 at 17.

¶ 4 Appellee Richter was arrested, charged with possession of marijuana and drug paraphernalia, and filed a pre-trial motion seeking to suppress, inter alia, the physical evidence seized by the police. In her motion, Appellee Richter alleged that the evidence should have been suppressed because the police entered and searched the premises at issue without a warrant, probable cause, consent, or exigent circumstances. Following a hearing on the matter,3 the suppression court granted Appel-lee Richter’s motion to suppress, indicating that the knock and announce rule was violated and the police did not have exigent circumstances to make a warrantless entry into the residence. The Commonwealth filed a timely appeal to this Court, and the matter was originally assigned to a three-judge panel of this Court for disposition; however, this Court sua sponte referred this case for en banc review.4

¶ 5 On appeal, the Commonwealth contends that the suppression court erred in granting Appellee Richter’s motion to suppress, in which Appellee Richter contended that the police did not have a warrant, probable cause, consent, or exigent circumstances to enter and search the premises at issue.

¶ 6 Art. I, Sec. 8 of the Pennsylvania Constitution and the Fourth Amendment of the United States Constitution protect against unreasonable searches and seizures. The expectation of privacy protected against the United States and Pennsylvania Constitutions has been held to be greatest in one’s home. See Commonwealth v. Gutierrez, 750 A.2d 906 (Pa.Super.2000). A warrantless search of a residence is per se unreasonable unless justified by a specific exception to the warrant requirement. Id.

The exigent circumstances exception to the warrant requirement recognizes [1185]*1185that some situations present a compelling need for instant arrest, and that delay to seek a warrant will endanger life, limb or overriding law enforcement interests. In these cases, our strong preference for use of a warrant must give way to an urgent need for immediate action.
In determining whether exigent circumstances exist, a number of factors are to be considered. Among the factors to be considered are: (1) the gravity of the offense, (2) whether the suspect is reasonably believed to be armed, (3) whether there is above and beyond a clear showing of probable cause, (4) whether there is a strong reason to believe that the suspect is within the premises to be searched, (5) whether there is a likelihood that the suspect will escape if not swiftly apprehended, (6) whether the entry was peaceable, and (7) the time of the entry, i.e., whether it was made at night. These factors are to be balanced against one another in determining whether the warrantless intrusion was justified.
Other factors may also be taken into account, such as whether there is hot pursuit of a fleeing felon, a likelihood that evidence will be destroyed if police take the time to obtain a warrant, or a danger to police or other persons inside or outside the dwelling.

Commonwealth v. Santiago, 736 A.2d 624, 631-632 (Pa.Super.1999) (quotations omitted).

¶ 7 Applying the said factors to the case sub judice, we conclude that the entry by police into the subject premises was proper. First, the crime at issue was one of violence. See Id. That is, the police were investigating a domestic dispute where one person was reportedly holding another as a hostage at gunpoint. Second, the police reasonably believed that someone inside the house was armed. This conclusion is based on the fact that the police received a 911 call indicating that a gun was being used. Third, there was sufficient probable cause indicating that a violent domestic dispute, involving someone being held at gunpoint, was in progress.

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Cite This Page — Counsel Stack

Bluebook (online)
791 A.2d 1181, 2002 Pa. Super. 7, 2002 Pa. Super. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-richter-pasuperct-2002.