Commonwealth v. Stoner

710 A.2d 55, 1998 Pa. Super. LEXIS 181
CourtSuperior Court of Pennsylvania
DecidedMarch 17, 1998
StatusPublished
Cited by9 cases

This text of 710 A.2d 55 (Commonwealth v. Stoner) 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. Stoner, 710 A.2d 55, 1998 Pa. Super. LEXIS 181 (Pa. Ct. App. 1998).

Opinions

BROSKY, Judge.

This is an appeal from the July 22, 1997 judgment of sentence of the Court of Common Pleas of Cumberland County finding appellant guilty of the unlawful possession of drug paraphernalia. 35 P.S. § 780-113(a)(32). Appellant raises two issues for our consideration: (i) whether the physical evidence seized from his person should have been suppressed becáuse the arresting officer lacked probable cause to conduct a search; and (ii) whether the evidence should have been suppressed because the scope of the search exceeded that permitted under the state constitution. We affirm.

On October 22,1996, at approximately 3.00 p.m., Officer Michael McLaughlin of the Upper Allen police department, was contacted by a local resident, Robert Poisez. Mr. Poi-sez told Officer McLaughlin that on the stairs of a local house, he had observed an individual holding a .45 pistol to the back of another person. Mr. Poisez did not know the exact address where he saw this incident, but offered to return with Officer McLaughlin to the scene and to point out the house. Mr. Poisez described the suspect as a white male in his late teens wearing a dark colored jacket with a hood.

Officer McLaughlin and Mr. Poisez went to the house where Mr. Poisez had seen the [57]*57armed man. The address was 336 Gettysburg Pike, a house with which Officer McLaughlin was familiar. Upon arrival, Officer McLaughlin observed an unfamiliar dark blue Ford Probe in the driveway. While examining the vehicle, Officer McLaughlin observed the smell of burnt marijuana emanating from an open front window. A computer search of the license plate number disclosed that the vehicle was registered to Michael Stoner, appellant in this ease.

Officer McLaughlin knocked on the door of the house. Appellant, a white male in his late teens, answered the door. Appellant was wearing a dark jacket with a hood. When asked his name, the individual replied that it was “Michael Stone”. Officer McLaughlin explained why he was there, then turned appellant around and conducted a pat down search. During the search, Officer McLaughlin felt a small pipe in the right front pocket of the jacket. Officer McLaughlin, who subsequently testified to his extensive experience in drug arrests, removed the pipe and continued to search appellant for weapons. He located a handgun, which was also removed from appellant, but nothing more. Officer McLaughlin then arrested appellant for possession of drug paraphernalia based on the pipe that Officer McLaughlin had found in appellant’s pocket.

No charges were filed based on the gun incident. After appellant’s arrest, Carly Weaver, the daughter of the homeowners, informed Officer McLaughlin that she had been the person who Mr. Poisez had seen with appellant, and that the incident had been a joke. The gun itself was a Crossman .177 BB gun, a less powerful weapon than a .45. At the police station, appellant gave an essentially identical explanation of the gun incident to that of Ms. Weaver. Appellant admitted that the pipe was his.

In his first allegation of error, appellant argues that the trial court erred by not suppressing the physical evidence seized from appellant because appellant was directed from a residence and searched without a warrant and without probable cause. Our scope of review is as follows:

When reviewing the ruling of a suppression court, we must determine whether the factual findings are supported by the record. When it is a defendant who has appealed, we must consider only the evidence of the prosecution and so much of the evidence for the defense as, fairly read in the context of the record as a whole, remains uncontradicted. Assuming that there is support in the record, we are bound by the facts as are found and we may reverse the suppression court only if the legal conclusions drawn from those facts are in error.

Commonwealth v. Cortez, 507 Pa. 529, 532, 491 A.2d 111, 112 (1985).

We find no merit in appellant’s first argument. Officer McLaughlin did not immediately place appellant under arrest, but instead removed appellant from the doorway and conducted a pat-down search. A police officer is constitutionally permitted to conduct a pat-down search for weapons if the officer has a reasonable suspicion that a crime has been committed or is imminent, and that the individual searched may be armed and dangerous. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Commonwealth v. Jackson, 548 Pa. 484, 698 A.2d 571 (1997). The facts at the officer’s disposal need not be enough to constitute probable cause. Rather, if the officer’s suspicion is based on specific, articulable facts and reasonable inferences drawn from those facts in light of the officer’s experience, the officer may conduct a weapons search. Id.

The articulable facts in this case are that an apparently trustworthy witness had observed an individual at the Weaver residence holding a gun to the back of someone else’s head. While those observations could be, and eventually were, accounted for by an innocent explanation, they seemed more likely to indicate both that criminal activity had taken place and that the occupants of the home were in danger. Consequently, we find no constitutional violation in the stop and frisk.

Appellant’s argument that his presence in the doorway of a private home entitles him to a heightened degree of protection of his privacy interest is unavailing here. First, it is [58]*58questionable whether a doorway is within or outside the scope of the area subject to heightened protection. See Commonwealth v. Govens, 429 Pa.Super. 464, 632 A.2d 1316 (1993) (questioning whether, under the Pennsylvania constitution,' a person exposes himself to warrantless arrest by stepping into a doorway); United States v. Santana, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976) (under the Fourth Amendment, the doorway of the home is in a “public place” and therefore the police may perform a warrantless arrest upon a person standing there).

To the extent that Santana controls, we have no difficulty in finding that appellant was not entitled to the heightened expectation of privacy that exists for the inside of a private home. Although appellant attempts to distinguish Santana on the grounds that Officer McLaughlin did not possess probable cause to make an arrest in this case, the logic of Santana compels the conclusion that a similar rule should exist for pat-down searches. Just as the police may effect an arrest of an individual standing in a doorway provided they have the requisite probable cause to believe that the individual has committed a crime, so they may perform a stop and frisk if they possess the requisite reasonable suspicion that a crime has been committed or is imminent and that the individual is armed and dangerous. Appellant offers no authority in support of his suggestion that an officer should have probable cause to believe a crime has been committed before he may perform a stop and frisk of an individual standing in a doorway.

Further, even if we were to reject the applicability of the Santana

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Kenney, J.
Superior Court of Pennsylvania, 2026
Com. v. Balas, M., II
Superior Court of Pennsylvania, 2019
Com. v. Noel, K.
Superior Court of Pennsylvania, 2019
Com. v. Golant, E.
Superior Court of Pennsylvania, 2018
Com. v. Thomas, M.
Superior Court of Pennsylvania, 2018
Com. v. Johnson, M.
Superior Court of Pennsylvania, 2016
Com. v. Akines, S.
Superior Court of Pennsylvania, 2014
In re B.R.
24 Pa. D. & C.5th 563 (Lehigh County Court of Common Pleas, 2011)
Commonwealth v. Reppert
814 A.2d 1196 (Superior Court of Pennsylvania, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
710 A.2d 55, 1998 Pa. Super. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-stoner-pasuperct-1998.