Commonwealth v. Serrano

27 Pa. D. & C.5th 310
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedDecember 3, 2012
DocketNo. CR-1538-2012
StatusPublished

This text of 27 Pa. D. & C.5th 310 (Commonwealth v. Serrano) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Serrano, 27 Pa. D. & C.5th 310 (Pa. Super. Ct. 2012).

Opinion

STEINBERG,./.,

The defendant, Angel Serrano, is charged with indecent assault,1 indecent exposure,2 and corruption of minors.3 It is alleged that the defendant sexually assaulted his nine (9) year old neighbor, A.A., when he grabbed her buttocks, exposed his penis and masturbated in her presence.

On November 14, 2012, the defendant filed an omnibus pre-trial motion, including a “motion to suppress defendant’s statements”.4 It is alleged that at the time of the defendant’s arrest, Detective Thomas Galloway of the Bethlehem Police Department “possessed substantial evidence that A.A.’s statements were unreliable.”5 If so, the defendant contends that the detective lacked probable cause to arrest him, and any inculpatory statements made by him after the arrest must be suppressed. A hearing was held on this motion during which detective Galloway testified on behalf of the Commonwealth. The defense submitted two (2) DVD interviews of the victim that were conducted on October 17, 20116 and November 17, 2011.7

Discussion

Prior to arresting an individual, the police must possess probable cause. Commonwealth v. Hannon, 837 A.2d 551, 554-555 (Pa.Super. 2003). It has frequently been [313]*313explained:

Probable cause to arrest exists when the facts and circumstances within the police officer’s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested. Probable cause justifying a warrantless arrest is determined by the ‘totality of the circumstances.’ Furthermore, probable cause does not involve certainties, but rather ‘the factual and practical considerations of everyday life on which reasonable and prudent [persons] act.’

Commonwealth v. Williams, 941 A.2d 14, 27 (Pa. Super. 2008)(internal citations omitted); see also In Interest of O.A., 552 Pa. 666, 676, 717 A.2d 490, 495 (1998); Commonwealth v. Johnson, 467 Pa. 146, 153, 354 A.2d 886, 889 (1976); Commonwealth v. Griffin, 456 A.2d 171, 174 (Pa.Super. 1983).

In Commonwealth v. Evans, 451 A.2d 734, 737 (Pa. Super. 1982) in which the same probable cause standard was articulated, it was alleged that the police lacked probable cause to arrest the defendant, and that his subsequent confession should be suppressed as fruit of the illegal arrest. The court in concluding otherwise noted that it is well-settled that “[t]here is a substantial basis for crediting the information of an eyewitness.” Id. at 737. See also Commonwealth v. Walker, 501 A.2d 1143, 1148 (Pa.Super. 1985). Furthermore, even though an arresting officer may not have direct, personal knowledge of the relevant facts and circumstances, probable cause may rest solely on information supplied by another person, [314]*314provided there is a substantial basis for crediting that information. Commonwealth v. Stokes, 480 Pa. 38, 44, 389 A.2d 74, 76-77 (1978)(The uncorroborated confession of an accomplice, the statement of a victim identifying the perpetrator of a crime, and an eyewitness whose identity is known, all fall within the category of information sufficient to establish probable cause); see also Commonwealth v. Bells, 540A.2d297 (Pa.Super. 1988)(Information provided by victim, who gave a detailed physical description of her attacker and the unusual knife he possessed, established probable cause to arrest); Commonwealth v. George, 878 A.2d 881, 884-885 (Pa.Super. 2005). It has also been held repeatedly throughout the federal courts that the testimony from an alleged victim is ordinarily sufficient to establish probable cause. Acosta v. Ames Dept. Store, Inc., 386 F.3d 5, 10 (1st Cir. 2004); Lee v. Sandberg, 136 F.3d 94, 103 (2nd Cir. 1997); Sharrar v. Felsing, 128 F.3d 810, 818 (3d Cir. 1997); United States v. Harness, 453 F.3d 752, 754 (6th Cir. 2006); Reynolds v. Jamison, 488 F.3d 756, 765 (7th Cir. 2007); Clay v. Conlee, 815 F.2d 1164, 1168 (8th Cir. 1987); Easton v. City of Boulder, Colo., 776 F.2d 1441 (10th Cir. 1985).

The defendant, however, relying upon language in Wilson v. Russo, 212 F.3d 781 (3d Cir. 2000), a civil rights lawsuit, which subscribed to the above tenets and found probable cause, contends that this child-victim’s version of events to an experienced child abuse investigator should be discounted as unreliable. If so, the defendant posits that Detective Galloway lacked probable cause to arrest him and his admission to Detective Galloway of the very same acts told by the victim to the investigator should be suppressed.

[315]*315The defendant would impose a heightened standard on law enforcement to establish probable cause. Every discrepancy or forgotten detail in a child victim’s statement would be used as a springboard to negate a finding of probable cause. Cf. Lallemand v. University of Rhode Island, 9 F.3d 214, 217 (1st Cir. 1993)(Discrepancies concerning the assailant’s first name, hair style, dormitory and height are trivial, given their nature and the positive identifications).

Law enforcement has never been required to make such wide reaching assessments at the initiation of an arrest. The arresting officer is “neither required nor allowed to sit as prosecutor, judge or jury. [His] function is to apprehend those suspected of wrongdoing, and not to finally determine guilt through a weighing of the evidence.” Panetta v. Crowley, 460 F.3d 388, 396 (2d Cir. 2006) quoting Krause v. Bennett, 887 F.2d 362, 372 (2d Cir. 1989); see also Curley v. Village of Suffern, 268 F.3d 65, 70 (2d Cir.

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Related

Lallemand v. University of Rhode Island
9 F.3d 214 (First Circuit, 1993)
Acosta v. Ames Department Stores, Inc.
386 F.3d 5 (First Circuit, 2004)
Easton v. City of Boulder, Colorado
776 F.2d 1441 (Tenth Circuit, 1985)
Michael Krause v. R.O. Bennett, Jr.
887 F.2d 362 (Second Circuit, 1989)
Sharrar v. Felsing
128 F.3d 810 (Third Circuit, 1997)
No. 98-5283
212 F.3d 781 (Third Circuit, 2000)
United States v. Terry William Harness
453 F.3d 752 (Sixth Circuit, 2006)
Richard Reynolds v. Dawn Jamison and Christopher Darr
488 F.3d 756 (Seventh Circuit, 2007)
State v. Griffin
570 P.2d 1067 (Arizona Supreme Court, 1977)
Commonwealth v. Johnson
354 A.2d 886 (Supreme Court of Pennsylvania, 1976)
Commonwealth v. Griffin
456 A.2d 171 (Superior Court of Pennsylvania, 1983)
Commonwealth v. Williams
941 A.2d 14 (Superior Court of Pennsylvania, 2008)
Commonwealth v. Hannon
837 A.2d 551 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Walker
501 A.2d 1143 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Thompson
985 A.2d 928 (Supreme Court of Pennsylvania, 2009)
In the Interest of O.A.
717 A.2d 490 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Stokes
389 A.2d 74 (Supreme Court of Pennsylvania, 1978)
Commonwealth v. George
878 A.2d 881 (Superior Court of Pennsylvania, 2005)

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Bluebook (online)
27 Pa. D. & C.5th 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-serrano-pactcompllehigh-2012.