Commonwealth v. Suarez-Irizzary

15 Pa. D. & C.5th 106
CourtPennsylvania Court of Common Pleas, Lebanon County
DecidedAugust 6, 2010
Docketnos. CP-38-CR-1204-2009, 1206-2009, 1207-2009, and 1217-2009
StatusPublished

This text of 15 Pa. D. & C.5th 106 (Commonwealth v. Suarez-Irizzary) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lebanon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Suarez-Irizzary, 15 Pa. D. & C.5th 106 (Pa. Super. Ct. 2010).

Opinion

CHARLES, J.,

As technology increases, the law must keep pace. When maps were first created, they represented a cartographer’s “best estimate” of where things were located. Since then, measuring wheels, odometers, airplane photography and now global satellite imaging have moved cartography from the realm of human estimating to satellite-verified pinpoint accuracy. When the legal system needs to establish distance with precision, it should not eschew the accuracy that technology now affords in favor of more flawed and primitive means of measurement.

In this case, a dispute has arisen with respect to whether the situs of the defendant’s drug transaction was within 1,000 feet of a school so as to implicate the so-called “school zone sentencing enhancement.” The Commonwealth asks us to accept a distance measurement that the Commonwealth obtained using a computer program called “Google Earth”. The defendant challenges the Commonwealth’s ability to authenticate the “Google Earth” measurements. Stripped to its essence, the defendant claims that police should have undertaken a physical measurement instead of relying upon a computer-based satellite imaging system.

[109]*109The issue before us is one of first impression within the Commonwealth of Pennsylvania. Based upon guidance we have gleaned from other jurisdictions, established general precedent regarding authentication, and our own commonsense analysis, we will uphold the Commonwealth’s request to establish school zone applicability using Google Earth.

I. FACTS

The defendant was charged on four separate action numbers as enacted in the following charts:

(1) Action no. CR-38-CR-1204-2009

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[110]*110 (3) Action no. CR-38-CR-1217-2009

[111]*111 (4) Action no. CR-38-CR-1206-2009

Date of Location of Charge Date incident incident of guilty plea 6/12/09 801 E. Walnut St., Lebanon, PA Delivery of a controlled substance 6/16/10 6/12/09 801 E. Walnut St., Lebanon, PA Criminal use of communication facility 6/16/10

Throughout the pendency of the defendant’s prosecution, the Commonwealth consistently took the position that the defendant’s delivery occurred within 1,000 feet of a school. When the defendant entered a plea of guilty on May 3, 2010, he would not acknowledge in his plea that the drug delivery occurred within a school zone. Rather, he asked that the applicability of the school zone enhancement be decided by the sentencing judge.

On June 16,2010, the defendant was called before us for sentencing. Prior to actually sentencing the defendant, a brief hering was conducted regarding applicability of the school zone enhancement. At this hearing, the Commonwealth produced Detective William Walton of the Lebanon County Drug Task Force. Detective Walton testified that he utilized a computer program named “Google Earth” in order to determine that the defendant’s drug delivery occurred within 1,000 feet of a school. Detective Walton testified that he was familiar with the Google Earth computer program and that he had utilized that tool to determine distance on multiple occasions in the past. Detective Walton told us that before he began using Google Earth to determine distance, he verified its accuracy by physically measuring a distance between [112]*112two known points and then using Google Earth to calculate the same distance. Detective Walton testified that Google Earth’s measurement was within one foot of the one he physically determined.

The defendant did not question the manner in which Detective Walton used the Google Earth system or that the Google Earth calculation resulted in a difference between the drug delivery and a school of less than 1,000 feet. However, the defendant vigorously challenged the authenticity of the Google Earth system. The defendant pointed out that Detective Walton played no part in setting up the satellite imaging system or the Google Earth computer program that relied upon it. Without such evidence, the defendant argued that we should simply disregard Detective Walton’s determination that his drug delivery occurred within 1,000 feet of a school zone.

Following the brief sentencing hearing, we asked both parties to submit briefs with respect to the Google Earth authenticity issue. We have received those briefs. The issue of the Commonwealth’s reliance upon Google Earth is now before us for disposition.

II. DISCUSSION

Authentication of evidence is addressed by the Pennsylvania Rules of Evidence. Pa.R.E. 901(a) states that the requirement of authentication “is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” Pa R.E. 901(a). Rule 901 regarding authentication contains a specific provision dealing with authentication of a “process of system.” Pa.R.E. 901(b)(9) permits authentication by “evidence describing a process or system used to produce [113]*113a result and showing that the process or system produces an accurate result.”

To our knowledge, Pennsylvania’s appellate courts have not yet directly addressed the method by which a computer satellite imaging system can be authenticated. However, in Commonwealth v. Serge, 586 Pa. 671, 896 A.2d 1170 (2006), our Supreme Court did discuss authentication of a computer generated recreation of a crime scene. The court determined that a three-prong test should be used. That test requires:

(1) Some evidence to authenticate the accuracy of the computer imaging;

(2) Relevance; and

(3) That the probative value of the computer imaging outweighs its prejudice.

In pre-internet days, the admissibility of maps was discussed on occasion by our appellate courts. “In determining the admissibility of maps and diagrams, much must be left to the discretion of the trial judge.” Albig v. Municipal Authority of Westmoreland County, 348 Pa. Super. 505, 520, 502 A.2d 658, 666 (1985), citing Jones v. Spidle, 446 Pa. 103, 286 A.2d 366 (1971). “Unofficial maps are usually admissible as evidence when verified by the testimony of a witness who has personal knowledge of their accuracy.” Albig supra at 520, 502 A.2d at 666. The key to authenticating maps is proof of their accuracy, reliability, completeness and fairness. 44 Am.Jur. Proof of Facts Second 707 (Foundation for admission of maps, diagrams or charts, section 1). From a very general perspective, the person who prepared a map or diagram need not be present in court so long as the [114]*114witness can testify that the diagram fairly and accurately portrays relevant information. 3 Wharton’s Criminal Evidence § 16:24 (15th edition).

While Pennsylvania has not directly addressed use of satellite imaging systems to determine distance, other states have done so. Interestingly, most of the cases we found that addressed satellite imaging were presented within the context of a “school zone” dispute similar to the one now before us.

In Commonwealth v. Whitlock, 906 N.E. 2d 995 (Mass. App.

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Related

State v. Young
902 So. 2d 461 (Louisiana Court of Appeal, 2005)
Albig v. MUN. AUTH. OF WESTMORELAND CTY.
502 A.2d 658 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Serge
896 A.2d 1170 (Supreme Court of Pennsylvania, 2006)
JONES v. Spidle
286 A.2d 366 (Supreme Court of Pennsylvania, 1971)
State v. Franklin
843 N.E.2d 1267 (Ohio Court of Appeals, 2005)
Commonwealth v. Whitlock
906 N.E.2d 995 (Massachusetts Appeals Court, 2009)
State v. Polanco
797 A.2d 523 (Connecticut Appellate Court, 2002)

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Bluebook (online)
15 Pa. D. & C.5th 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-suarez-irizzary-pactcompllebano-2010.