Commonwealth v. Strader

931 A.2d 630, 593 Pa. 421, 2007 Pa. LEXIS 1984
CourtSupreme Court of Pennsylvania
DecidedSeptember 26, 2007
Docket43 WAP 2006
StatusPublished
Cited by42 cases

This text of 931 A.2d 630 (Commonwealth v. Strader) 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. Strader, 931 A.2d 630, 593 Pa. 421, 2007 Pa. LEXIS 1984 (Pa. 2007).

Opinions

[424]*424 OPINION

Justice EAKIN.

Agent Wolfe, a state parole officer, received a tip that Cecil Shields, a parole absconder subject to an active warrant, was residing at 400 Swissvale Avenue, Apartment 15, Wilkinsburg, Pennsylvania. Agent Wolfe conveyed the tip to Detective Knox of the Wilkinsburg Police Department, who, along with other officers, went to the apartment in search of Shields. Detective Knox knew from prior contacts that appellant was the leaseholder of the apartment.

Detective Knox knocked on the apartment door. A man who identified himself as Thornton answered the door. Detective Knox showed Thornton a wanted poster of Shields and asked Thornton whether he knew him; Thornton responded he did not. Detective Knox asked Thornton whether appellant was in the apartment, and Thornton said “no, he would be back shortly.” N.T. Suppression Hearing, 6/30/04, at 62. Thornton stated he was there temporarily, and he and another man in the apartment had been there for about a day. Detective Knox asked Thornton whether he was in charge of the apartment. Thornton responded, “yes.” Id., at 8. Detective Knox asked Thornton for permission to search the apartment for Shields; Thornton consented.

Detective Knox and his partner entered the apartment. In the living room, Detective Knox observed one or two plastic baggies containing a light brown substance. Believing it to be heroin, Detective Knox seized it. Meanwhile, Detective Knox’s partner found a digital scale in the kitchen sink with white residue on it, which Detective Knox also seized. Detective Knox returned to his vehicle, where he tested the baggies and scale for the presence of heroin. Based on the positive results he obtained, Detective Knox secured a search warrant for the apartment, which yielded cocaine, more heroin, a handgun, and more items associated with packaging drugs.

Consequently, appellant was arrested and charged with possession with intent to deliver, possession of a controlled substance, possession of drug paraphernalia, and person not to' [425]*425possess a firearm. Appellant filed a motion to suppress the items seized from his apartment at the time of his warrantless arrest, which the trial court denied, concluding Thornton had apparent authority to consent to the search. Trial Court Opinion, 6/6/05, at 2-3. The trial court granted a motion to sever the firearm charge before trial. A jury convicted appellant of all the drug-related charges.

The Superior Court affirmed, holding the police officers reasonably believed Thornton had valid authority to consent to the search. Commonwealth v. Strader, No. 1769 WDA 2004, 905 A.2d 1049, unpublished memorandum at 9 (Pa.Super.2006). Analogizing the facts to those in Commonwealth v. Hughes, 575 Pa. 447, 836 A.2d 893 (2003) (Opinion Announcing the Judgment of the Court), the majority determined the officers’ belief was reasonable in light of “Thornton’s apparent control of the apartment as demonstrated when he answered the door and asserted that he was in charge while [appellant] was gone.” Strader, at 9.

Judge Klein dissented; he distinguished Hughes, stating “[t]he critical fact in Hughes, not present in this case, was that the residence being searched was that of a parolee who had given previous consent to any search by parole officers.” Id., at 1 (Klein, J., dissenting). Judge Klein opined Thornton’s telling the police he was responsible for the apartment until appellant returned was not dispositive of the issue, noting there are varying degrees of responsibility, and a temporary houseguest may simply be responsible “to close the windows when it starts to rain or to use a plunger on a stopped up sink.” Id., at 8. Therefore, Judge Klein would have reversed the judgment of sentence and ordered the evidence suppressed.

We granted allowance of appeal to resolve the issue, as appellant framed it:

Can the police reasonably believe that a person answering a door has the authority to allow them to enter when they know for a fact who lives in the apartment, when they know for a fact that no one present in the apartment lives there, [426]*426when- they know for a fact that the people present only recently arrived at the apartment, and when they know for a fact the legal tenant is expected back shortly[?]

Petition for Allowance of Appeal, at 4.

When reviewing suppression motions, we are bound by the suppression court’s factual findings that the record supports, but we are not bound by the suppression court’s conclusions of law. Commonwealth v. Gaul, 590 Pa. 175, 912 A.2d 252, 254 (2006). Thus, we are only to determine whether the suppression court properly applied the law to the facts. Commonwealth v. Nester, 551 Pa. 157, 709 A.2d 879, 881 (1998). Since the prosecution prevailed in the suppression court, we may consider only the Commonwealth’s evidence and so much of appellant’s evidence “as remains uncontradicted when read in the context of the record as a whole.” Commonwealth v. Bomar, 573 Pa. 426, 826 A.2d 831, 842 (2003).

Appellant argues since police knew he lived in the apartment, Thornton did not live there and only recently arrived, and because appellant was due back shortly, police did not act reasonably in accepting Thornton’s consent to search the apartment. More specifically, appellant argues “[i]f the surrounding circumstances indicate ... the person giving consent does not actually live there, ... police may not accept an invitation to enter.” Appellant’s Brief, at 9. Appellant also argues police acted “more unreasonably than ... police in Hughes.” Id., at 10. Appellant does not argue the Pennsylvania Constitution grants him greater protection than the Fourth Amendment to United States Constitution, nor does he cite the factors set forth in Commonwealth v. Edmunds, 526 Pa. 374, 586 A.2d 887 (1991), which assist this Court in determining if such greater protection exists. Thus, we review this case under the Fourth Amendment1 only.

[427]*427The Commonwealth argues there was sufficient reason to conclude Thornton had actual and apparent authority to consent to the search. The Commonwealth points to Thornton’s statement that he was in charge of the apartment, and no testimony at the suppression hearing contradicted this statement; Detective Knox was the only witness at the suppression hearing. Thus, the Commonwealth argues it satisfied its burden of showing Thornton had authority to consent to the search.

The Fourth Amendment protects the people from unreasonable searches and seizures. In the Interest of D.M., 566 Pa. 445, 781 A.2d 1161, 1163 (2001). A warrantless search or seizure is presumptively unreasonable under the Fourth Amendment, subject to a few specifically established, well-delineated exceptions. Horton v. California, 496 U.S. 128, 134 n. 4, 110 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
931 A.2d 630, 593 Pa. 421, 2007 Pa. LEXIS 1984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-strader-pa-2007.