Commonwealth v. Torres & Cruz

16 Pa. D. & C.4th 564, 1993 Pa. Dist. & Cnty. Dec. LEXIS 268
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJanuary 21, 1993
Docketno. 1294
StatusPublished

This text of 16 Pa. D. & C.4th 564 (Commonwealth v. Torres & Cruz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Torres & Cruz, 16 Pa. D. & C.4th 564, 1993 Pa. Dist. & Cnty. Dec. LEXIS 268 (Pa. Super. Ct. 1993).

Opinion

LYNN, J.,

I. PROCEDURAL HISTORY

On January 30, 1992, this court heard two motions to suppress physical evidence and statements made on behalf of co-defendants Elias Torres and Moisés Cruz.

During the course of this suppression hearing, this court heard testimony from Philadelphia police officers Frederick Hale and Francis Green, along with testimony of defendant Elias Torres. On February 19, 1992, based upon the testimony presented during the course of the January 30, 1992, hearing, this court granted the defendants’ motion to suppress.

[565]*565II. FACTS

On or about October 24,1991, at approximately 10:17 a.m., Philadelphia police officers Frederick Hale and Francis Green were working as partners in a marked emergency police wagon in the 25th District of the City of Philadelphia. The officers received information over police radio that there was a stolen vehicle outside the premises of 3517 North 7th Street in Philadelphia.

The officers went to 3517 North 7th Street where they saw a stolen 1984 Buick Regal parked on the street. Subsequently, approximately five car lengths away from the 1984 Buick Regal, on the 3500 block of North 7th Street, the officers saw a 1985 Oldsmobile Cutlass with its trunk punched out. An NCIC check on the 1985 Oldsmobile Cutlass initially showed it was not stolen, but a further investigation, by Officers Hale and Green showed that the 1985 Oldsmobile Cutlass was stolen according to information provided to them by the 2nd Police District records.

From a distance of approximately 200 feet, Officer Green observed five Hispanic males, including the defendants, as they congregated around a tow truck in the “driveway” of 3545 North 7th Street. The “driveway” at 3545 North 7th Street is a vacant lot where a house once stood and a garage is located on the back of the premises. The tow truck was in the “driveway” and it held a red Camaro on its hook. The five Hispanic males were attempting to remove the windshield of the red Camaro.

Officer Green spoke with the five Hispanic males in the “driveway” and then continued to walk up the “drive[566]*566way” until he reached the garage. The garage had two doors; one, a roll-up garage door for vehicular access and another meant for personal access. When Officer Green arrived at the garage, the garage door was rolled closed, but the other door was open. Officer Green proceeded to put his head “inside the open door.” He then entered the garage.

At this point, Officers Green and Hale conferred and agreed to pursue this matter further. Officer Hale then inquired if the garage was an auto body shop. In response to which, defendant Torres indicated affirmatively. Mr. Torres next stated that he was “in charge.” Officer Hale inquired if they could “look around” and defendant Torres responded “sure.”

While this conversation was going on between Officer Hale and defendants, outside the garage, Officer Green went inside the garage and inspected the vehicle identification numbers on the vehicles inside, some of which, after an NCIC check were determined to be in stolen status. Officer Green did not, at this time, know the contents of the conversation Officer Hale was having with the defendants regarding consent to search. The officers next requested of other officers to arrive with a search and seizure warrant, which they did. The warrant was executed and the vehicles were seized and the defendants placed under arrest.

III. LEGAL DISCUSSION

A. The Officers' Search Was Unlawful

The Commonwealth bears the burden of demonstrating by a preponderance of the evidence that a search and [567]*567seizure does not violate the Fourth Amendment of the U.S. Constitution or Article I, section 8 of the Pennsylvania Constitution. Commonwealth v. Williams, 380 Pa. Super. 227, 551 A.2d 313 (1988); Commonwealth v. Cihylik, 337 Pa. Super. 221, 486 A.2d 987 (1985). Moreover a search, within the meaning of the Fourth Amendment, occurs when a reasonable expectation of privacy is infringed. Commonwealth v. Lemanski, 365 Pa. Super. 332, 529 A.2d 1085 (1987). In the present case, the testimony of Officers Green and Hale does not demonstrate that the officers had the requisite probable cause, or even a suspicion reasonable enough to support their entry into the garage at 3545 North 7th Street. The officers’ search of the garage therefore, was not reasonable and for the reasons set forth below, was violative of the Fourth Amendment of the U.S. Constitution and Article I, section 8 of the Pennsylvania Constitution. Accordingly, all of the evidence subsequently seized pursuant to the search was properly suppressed.

It is well-settled that any and all evidence obtained as the result of an illegal search and seizure is inadmissible in a state court. Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676 (1969); Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). Moreover, Pennsylvania courts have repeatedly held that a warrant-less search is unreasonable unless it is justified by an exception to the search warrant requirement, Commonwealth v. York, 381 Pa. Super. 55, 552 A.2d 1092 (1989), and that a search warrant shall issue only after an independent determination of probable cause and reasonableness. Commonwealth v. Smith, 331 Pa. Super. 66, 479 A.2d 1081 (1984), aff’d 511 Pa. 36, 511 A.2d 796 [568]*568(1986), cert. denied, Smith v. Pennsylvania, 479 U.S. 1006, 107 S.Ct. 643, 93 L.Ed.2d 700 (1984).

Consequently, in light of the above and for the purposes of a probable cause analysis, the operative acts in this situation are the two separate intrusions into the garage by the police officers, first by Officer Green, and subsequently, by both Officers Green and Hale.

Officers Green and Hale initially investigated the possibility of the existence of a stolen vehicle in front of the premises at 3517 North 7th Street. After locating the stolen vehicle in front of the premises at 3517 North 7th Street, the officers then proceeded to inspect the garage at 3545 North 7th Street, a distance of over 200 feet away from where they located the first stolen vehicle. As stated above, and according to the officers’ testimony, the officers then investigated the vehicles in the driveway outside the premises at 3545 North 7th Street. Although both of the vehicles located in the driveway in front of the garage at 3545 North 7th Street were not stolen, Officers Green and Hale continued to intrude upon the premises at 3545 North 7th Street, well beyond the scope of their lawful authority.

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Related

Mapp v. Ohio
367 U.S. 643 (Supreme Court, 1961)
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371 U.S. 471 (Supreme Court, 1963)
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Davis v. Mississippi
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New York v. Burger
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Commonwealth v. Triplett
564 A.2d 227 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Smith
511 A.2d 796 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Lemanski
529 A.2d 1085 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Williams
551 A.2d 313 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. York
552 A.2d 1092 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Lutz
516 A.2d 339 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Cihylik
486 A.2d 987 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Buckman
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Commonwealth v. Smith
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Bluebook (online)
16 Pa. D. & C.4th 564, 1993 Pa. Dist. & Cnty. Dec. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-torres-cruz-pactcomplphilad-1993.