Commonwealth v. White

20 Pa. D. & C.4th 208, 1992 Pa. Dist. & Cnty. Dec. LEXIS 8
CourtPennsylvania Court of Common Pleas, Crawford County
DecidedNovember 5, 1992
Docketno. 1992-356
StatusPublished

This text of 20 Pa. D. & C.4th 208 (Commonwealth v. White) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Crawford County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. White, 20 Pa. D. & C.4th 208, 1992 Pa. Dist. & Cnty. Dec. LEXIS 8 (Pa. Super. Ct. 1992).

Opinion

VARDARO, J.,

FINDINGS OF FACTS

During the early morning hours of January 14,1992, an individual who had been stopped for a traffic violation provided information to Lt. Frederick Wellman that sometime during the previous evening he had witnessed the defendant, David White, display a quantity of a clear, white, powdery substance the individual believed to be cocaine from a brown Ford Ranger pickup.1

The confidential informant described the individual who he had seen with the purported cocaine to be of medium height, dark hair and medium to light build. He also described the Ford Ranger as a pickup with a club cab and bearing California license plates.

Finally, he told the police where he believed the defendant David White, lived.

The police officers had no evidence to lead them to believe that the confidential informant was indeed credible since they had not used him before and they decided that it would be necessary to verify some of the information he provided before acting on that information.

Apparently, Lt. Wellman and Lt. Eric Campbell as well as other officers discussed how to go about verifying such information and apparently considered trying [210]*210to use the post office, telephone directory and possible Maplewood School information but ultimately another officer, Patrolman Claude Lemley, came up with the plan that was used.

Apparently, it was now 8:00 or 9:00 A.M. on January 14, 1992 and two game commission officers in uniform happened to be at the police station. It was decided that Patrolman Lemley would go out to the residence described by the confidential informant as that of David White and that the plainclothes patrolman would indicate that he was a dog warden and that he had received a complaint that David White’s dog had been running deer. The officers indicate there was no intent to enter the trailer and that they were just trying to verify the confidential informant’s information although at least one officer indicated that specifically Patrolman Lemley was sent out to find evidence to support an affidavit of probable cause for a search warrant.

When Lemley and the two game commissioners arrived at the residence that they had been directed to by the information obtained from the confidential informant, they did in fact see the Ford Ranger to the rear of the house and they went to a closed patio entranceway to the mobile home. Initially, they knocked at the outside door and when they did not get a response, they entered the patio area and knocked at the main door to the trailer.

The defendant, David White, came to the door and they indicated that they were there with respect to the dog problem.

The defendant, David White, said that he would have to get dressed and he returned about five minutes later and invited the trio in.

[211]*211They talked to the defendant, David White, for a short period of time carrying through the ruse with respect to the dog issue and then left.

Patrolman Lemley and one of the officers agreed that they had smelled what was familiar to them as the smell of burning marijuana.

While Officer Lemley and the game wardens were out attempting to verify the information provided by the confidential informant, the police officers back at the Titusville police station were preparing a search warrant for use in this matter.

Apparently, part of it had been filled out including the section with regard to items to be searched for in which the department used boilerplate language which they have on a memory typewriter apparently. Since they initially had received information with regard to purported cocaine from the confidential informant, they used that section from the memory typewriter rather than a direct and specific reference to marijuana which had been smelled at the home when Lemley was there.

The search warrant specifically referred to David Allen White as the occupant of the home.

Additionally, the affidavit of probable cause near the end stated that “We request this warrant on the facts and circumstances stated above.” After that line, there was an additional sentence that said “At approx. 10:30 hours on January 14, 1992 an undercover officer made contact at this residence and observed the odor of burning marijuana in the air coming from the residence.” Lt. Campbell, the affiant with respect to the warrant, indicated that the last line had inadvertently been left out when the facts and circumstances for probable cause were being typed and therefore it was added.

[212]*212Ultimately, while there is some dispute as to the time, it appears that about 11:30 a.m. Lt. Leroy Dymond accompanied by Patrolman Lemley went back to the White residence to begin service of the warrant that had been obtained from Magistrate Ronald Cole. Lemley continued to remain in plainclothes as did Lt. Dymond and when they went to the same door that Lemley had previously gone to they knocked but it would not open. The defendant, David White, then let them into the trailer and apparently for a couple of minutes they carried on the ruse with respect to the dog problem not mentioning that they were there to serve a search warrant. Apparently the defendant, David White, knew Lt. Dymond and said hello to him by his first name.

Once the officers knew that other officers arriving in a staggered fashion were on their way into the driveway of the residence, they announced that they were in fact there to serve a search warrant and Mr. White was handcuffed and placed on the floor. He was patted down and apparently there was a bulge in his pocket. Money was removed from his person as was marijuana in a baggie and at that point he was placed under arrest for possession of that marijuana.

At some time prior to the search beginning, defendant Mary White was apparently handcuffed and her purse may have been searched.

She apparently was removed as was defendant David White with David White charged with possession of marijuana and Mary White charged with no crime.

Sometime prior to the removal, apparently David White did show the officers where there was another quantity of marijuana in a closet apparently in the master bedroom shared by both defendants.

Sometime during the search of the home, the Ford Ranger vehicle was also searched and the Common[213]*213wealth concedes that was not appropriate under the terms of the warrant. However, there was apparently no contraband found that will be introduced with respect to the case against the defendants in this matter.

The facts and circumstances for probable cause in the warrant also indicated that “David A. White is known to this dept, as a drug dealer and we believe that he still has in his possession a quantity of narcotics.” In cross-examination, it was admitted by Lt. Campbell, the affiant on the search warrant, that essentially David White’s name had come up over the past several years as possibly someone who may be selling narcotics but that the police had never been able to prove that and were therefore suspicious but did not know that David White was a drug dealer.

DISCUSSION AND CONCLUSIONS OF LAW

We must first make a determination as to whether the search warrant obtained was in fact valid.

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Cite This Page — Counsel Stack

Bluebook (online)
20 Pa. D. & C.4th 208, 1992 Pa. Dist. & Cnty. Dec. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-white-pactcomplcrawfo-1992.