Commonwealth v. Stokes

389 A.2d 74, 480 Pa. 38, 1978 Pa. LEXIS 783
Supreme Court of Pennsylvania·Decided July 14, 1978·No. 399 and 430·Published·Cited by 64 cases

Opinions

OPINION OF THE COURT

EAGEN, Chief Justice.

These appeals1 were entered by the Commonwealth2 from an order of the Court of Common Pleas of Philadelphia granting defendant David Stokes’ motion to suppress certain incriminatory statements given to the police following his arrest. The court below ordered suppression of Stokes’ statements on the basis that this evidence was the product of an illegal arrest. We agree and, accordingly, affirm the order.

The charges against Stokes arose out of the robbery and fatal shooting of John J. Meehan at 1133 N. 63rd Street, Philadelphia, on July 1, 1976.

On August 14, 1976, Detective Terrence Gibbs was assigned primary responsibility for investigating Meehan’s death. That same day Detective Gibbs stopped a youth named Gregory Staulings on a street corner to ask if he knew anything about the Meehan Killing. Staulings told Detective Gibbs that, he had been told by another youth, one Anthony Ramsey, that David Stokes had told Ramsey that “he and some other guys had got a body up on 63rd Street.” Subsequently, Staulings gave a written statement at homicide headquarters.

[43] On August 15, 1976, Detective Gibbs dispatched Sergeant Richard Strohm to question seventeen-year-old Anthony Ramsey about the Meehan killing. At about 5:00 p. m., in the presence of his mother at their home, Ramsey confirmed Staulings’ information and added that Stokes had told him “they had shot the white man on 63rd Street when they were out to rob somebody and that the man died.” Further, Ramsey said that Stokes had asked him not to tell anyone. Ramsey and his mother were taken to police headquarters where Ramsey gave a statement which was signed by Ramsey and his mother.

Solely on the basis of the information provided by Gregory Staulings and Anthony Ramsey, Detective Strohm concluded there was probable cause to arrest Stokes.3 At 5:10 p. m., he radioed Detective Gibbs to make the arrest. At 5:15 p. m., Detective Gibbs and Officer Barlow went to Stokes’ residence where they arrested him without a warrant in the presence of his father and sister and, thereafter, transported him to homicide headquarters. Stokes’ subsequent oral and written statements admitting participation in the crime were ordered suppressed as the product of an illegal arrest.4

The law is clear that a warrantless arrest is not lawful unless there is probable cause therefor. McCray v. Illinois, 386 U.S. 300, 87 S.Ct. 1056, 18 L.Ed.2d 62 (1967); Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963); Commonwealth v. Johnson, 467 Pa. 146, 354 A.2d 886 (1976). Whether there is probable cause to arrest without a warrant depends on whether, at the moment a suspect is taken into custody, the facts and circumstances within the officer’s knowledge, and of which he has reasonably trustworthy information, are sufficient to warrant a man of reasonable caution to believe that an offense has been committed and that the person to be arrested has committed the offense. Commonwealth v. Johnson, supra; Common[44] wealth v. Jones, 457 Pa. 423, 322 A.2d 119 (1974); Commonwealth v. Mackie, 456 Pa. 372, 320 A.2d 842 (1974); Commonwealth v. Norwood, 456 Pa. 330, 319 A.2d 908 (1974).

Thus, in order to arrest without a warrant, the officer must have a reasonable belief in the probability of criminal activity by the person to be arrested. However, that belief need not be grounded in the officer’s direct, personal knowledge of the relevant facts and circumstances. It may, instead, rest solely on information supplied by another person where there is a “substantial basis” for crediting that information. United States v. Harris, 403 U.S. 573, 91 S.Ct. 2075, 29 L.Ed.2d 723 (1971); Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960); Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959).

This Court has held that information provided by certain classes of persons may be sufficient to establish probable cause. It is well-settled that the uncorroborated confession of an accomplice which implicates the suspect will supply the probable cause for a warrantless arrest. Commonwealth v. Johnson, 467 Pa. 146, 354 A.2d 886 (1976); Commonwealth v. Rush, 459 Pa. 23, 326 A.2d 340 (1974); Commonwealth v. Kenney, 449 Pa. 562, 297 A.2d 794 (1972); Commonwealth v. Bradley, 449 Pa. 19, 295 A.2d 842 (1972). See also Commonwealth v. Matthews, 446 Pa. 65, 285 A.2d 510 (1971). Similarly, the statement of a victim, identifying the perpetrator of a crime, has been found sufficient to establish probable cause for that person’s arrest. Commonwealth v. Hall, 456 Pa. 243, 317 A.2d 891 (1974). Further, information provided by an eyewitness whose identity is known has also been deemed sufficient. Commonwealth v. Carter, 444 Pa. 405, 282 A.2d 375 (1971); Commonwealth v. Crawley, 209 Pa.Super. 70, 223 A.2d 885 (1966). Cf. Commonwealth v. Mamon, 449 Pa. 249, 297 A.2d 471 (1972). Thus, in determining whether probable cause exists, we have tended to credit information supplied by one who has some direct personal knowledge of the crime.

[45] In the instant case, the arresting officer relied on information supplied by an informant who was neither an accomplice, nor an eyewitness, nor a victim of the crime. The information provided by Ramsey amounted to hearsay by one who had no first-hand knowledge of the crime.

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Commonwealth v. Stokes, 389 A.2d 74, 480 Pa. 38, 1978 Pa. LEXIS 783 (Pa. 1978).

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