Commonwealth v. Stanley

446 A.2d 583, 498 Pa. 326, 1982 Pa. LEXIS 518
CourtSupreme Court of Pennsylvania
DecidedJune 1, 1982
Docket350
StatusPublished
Cited by191 cases

This text of 446 A.2d 583 (Commonwealth v. Stanley) is published on Counsel Stack Legal Research, covering Supreme 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. Stanley, 446 A.2d 583, 498 Pa. 326, 1982 Pa. LEXIS 518 (Pa. 1982).

Opinions

OPINION

LARSEN, Justice.

This case presents several issues: (1) whether appellant’s Fourth Amendment rights were violated when police (armed with an arrest warrant) entered a third-party’s apartment, arrested appellant, and seized his revolver; (2) whether appellant’s Fourth Amendment rights were violated when the police failed to announce their purpose prior to breaking into the apartment; (3) whether appellant violated 18 Pa.C.S.A. § 907(a) (possessing instruments of crime) by openly carrying a loaded revolver; (4) whether, despite appellant’s offer to stipulate that he committed a “crime of [331]*331violence,” appellant’s prior murder conviction was admissible to prove that he violated 18 Pa.C.S.A. § 6105, which prohibits individuals convicted of a “crime of violence” from possessing firearms; and (5) whether appellant could assert intolerable prison conditions as a defense to the crime of escape.1

On October 1,1975, while incarcerated following a murder conviction2 for the shooting death of one Timothy Shinn, appellant escaped from the Philadelphia General Hospital Detention Unit. When police discovered appellant was gone, they broadcast an hourly “wanted” message over the police radio, informed the State Crime Information Center, and widely disseminated appellant’s “mug shot”. An arrest warrant was issued the next day.

While appellant was at large, Carmen Sperduto observed appellant with Jacqueline Keim. Ms. Keim told Mr. Sperduto that appellant was a fugitive and was staying at her apartment on West Roosevelt Boulevard in Philadelphia. (Appellant was heard to say that “he needed a place to hole up ... until things got cooled off.”) Mr. Sperduto also observed appellant drop and retrieve a small caliber revolver. On October 3, after seeing appellant’s picture in the paper, Mr. Sperduto called the police and stated that he “might know” appellant’s whereabouts.

About an hour later, Mr. Sperduto conducted the police to Ms. Keim’s apartment. The police called for reinforcements, but no search warrant was obtained. When reinforcements arrived, an officer knocked and announced “Police”. Thirty to sixty seconds elapsed with no response. The police then [332]*332forced open the door and proceeded through the living room and dining room. In a small back bedroom, the police observed what they first thought to be a bundle of clothing beneath a small portable crib. Upon closer examination, the police discerned the figure of a man (appellant) and apprehended the appellant. Simultaneously, the police seized a fully loaded revolver from the top of a small bureau next to the crib, within appellant’s reach.

Appellant’s motion to suppress this revolver was denied, and the revolver was admitted into evidence at appellant’s trial. A jury convicted appellant of escape offenses, possessing an instrument of crime, and possessing a prohibited offensive weapon. [18 Pa.C.S.A. §§ 5721, 5722, 907(a), 908]. Appellant, however, was acquitted of possessing a firearm prohibited to an individual convicted of a “crime of violence.” [18 Pa.C.S.A. § 6105]. Appellant was sentenced to two and one-half to nine years imprisonment, the Superior Court affirmed, and we granted allocatur.

First, appellant claims that the revolver should have been suppressed because the police entered Ms. Keim’s apartment without a search warrant or probable cause to believe that appellant was inside the apartment.3 Appellant’s claim simply misapprehends the situation. Appellant’s revolver was taken from the bureau, an area in his immediate control, incident to a lawful arrest, a constitutionally permissible seizure. It is fundamental that areas within a suspect’s immediate control may be searched incident to a lawful arrest to prevent danger to the arresting officers and to prevent destruction of evidence. See Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), reh. den., 396 U.S. 869, 90 S.Ct. 36, 24 L.Ed.2d 124 (1969); Commonwealth v. Bess, 476 Pa. 364, 382 A.2d 1212 (1978). The revolver was the “fruit” of a lawful arrest, not the “fruit” of a search of the apartment. See United States v. [333]*333Cravero, 545 F.2d 406 (5th Cir. 1976), cert. den., 429 U.S. 1100, 97 S.Ct. 1123, 51 L.Ed.2d 549 (1977); Commonwealth v. Wagner, 486 Pa. 548, 406 A.2d 1026 (1979) (concurring opinion by Nix, J.); Commonwealth v. Stanley, 265 Pa.Super. 194, 401 A.2d 1166 (1979); Commonwealth v. Terebieniec, 268 Pa.Super. 511, 525 n.4, 408 A.2d 1120, 1127 n.4 (1979). Probable cause to search the apartment or a warrant to search the apartment were wholly unnecessary.

There is yet another reason why appellant’s claim fails. A valid arrest warrant and mere “reason to believe” that appellant was within was all that the police needed to enter. More stringent requirements — a search warrant or probable cause — were wholly unnecessary. See Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) (police armed with an arrest warrant and “reason to believe” that a suspect is within can enter a suspect’s own home and seize evidence in plain view); Commonwealth v. Williams, 483 Pa. 293, 396 A.2d 1177 (1978), cert. den., 446 U.S. 912, 100 S.Ct. 1843, 64 L.Ed.2d 266 (1980).4 The police, relying on Mr. Sperduto’s information, had “reason to believe” that appellant was in Ms. Keim’s apartment. The Payton v. New York and Commonwealth v. Williams cases, which apply to searches of a suspect’s own home, also govern appellant’s case. Fourth Amendment claims involve the accused’s “legitimate expectation of privacy” in the areas searched. See Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 [334]*334L.Ed.2d 387 (1978); Commonwealth v. Wagner, 486 Pa. 548, 406 A.2d 1026 (1979). If an arrest warrant and “reason to believe” that a suspect can be found on the premises are sufficient for police to invade a suspect’s own home, then these facts are sufficient to invade a third party’s premises, where a suspect’s expectation of privacy is necessarily less.

Second, appellant claims that the revolver should have been suppressed because the police failed to announce their purpose prior to entering. Generally, absent exigent circumstances, police must announce both their authority and purpose before forcible entry. Miller v. United States, 357 U.S. 301, 78 S.Ct. 1190, 2 L.Ed.2d 1332 (1958); Commonwealth v. Newman, 429 Pa. 441, 240 A.2d 795 (1968). In this case, the police knocked and announced “Police,” but failed to announce their purpose before breaking in thirty to sixty seconds later. However, all Fourth Amendment requirements are tempered by considerations of reasonableness under the circumstances. Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963). The purpose of the “knock and announce” requirement is to permit peaceful surrender of the premises before forcible intrusion. Commonwealth v. DeMichel, 442 Pa. 553, 277 A.2d 159 (1971).

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Bluebook (online)
446 A.2d 583, 498 Pa. 326, 1982 Pa. LEXIS 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-stanley-pa-1982.