Commonwealth v. Wilson

172 A.3d 605
CourtSuperior Court of Pennsylvania
DecidedOctober 10, 2017
DocketNo. 985 MDA 2016
StatusPublished

This text of 172 A.3d 605 (Commonwealth v. Wilson) 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. Wilson, 172 A.3d 605 (Pa. Ct. App. 2017).

Opinion

OPINION BY

MOULTON, J.:

Jerome Alvin Wilson appeals from the April 25, 2016 judgment of sentence entered in the Lycoming County Court of Common Pleas following his bench trial convictions for various drug-related offenses. We affirm.

The trial court set forth the following factual history:

On June 16, 2015, [Pennsylvania State Police (“PSP”) ] Trooper[s] [William] Havens and ... Robert Williamson were on duty and patrolling in an unmarked vehicle in Loyalsock Township[, Lycom-ing County], They were assigned to an “aggressive patrol” traveling - through specific areas of Loyalsock Township and Williamsport where “a lot of.drug activity was being reported by civilians.”
Approximately a week .'earlier, Trooper Havens was speaking with-Trooper William Holmes regarding drug activity • in Loyalsock Township-in the area of the Kmart Plaza. Trooper Holmes provided Trooper Havens with at least one surveillance photo of a black male between 20 and 30 years old, who weighed approximately 220 pounds, had tattoos' on his left arm and was wearing bright red shoes. Trooper Holmes related to Trooper Havens that he observed the black male conduct what appeared to be at least five different drug transactions with unknown individuals in cars in the area. Trooper Holmes asked for Trooper Havens’ assistance in identifying the black male.
At approximately 10:00 á,m. on June 16, 2015, while Troopers Havens and Williamson [ (“the Troopers”) ] were stationary near the area of the Best Western Hotel'in Loyalsóck Township across the street from the Kmart Plaza, they observed a passenger in a vehicle that passed in front of them. [The driver was later determined to be Wilson.] Both Trooper Williamson and Trooper Havens concluded that the passenger “looked a lot like the guy in the surveillance photo” provided by Trooper Holmes. This particular area was known as a “narcotics area.” In fact, the troopers were stationed in close proximity to the area where Trooper Holmes previously took the picture of the suspect.
Trooper Havens and Trooper Williamson followed the vehicle around the hotel. The vehicle parked and the [T]roopers parked beside the vehicle. The passenger exited the vehicle. Trooper Havens immediately recognized the individual as the same individual in the surveillance photo “right down to the bright red shoes.” In fact, Trooper Holmes had nickname the unknown black male as “Dorothy” because of the shiny red shoes. Trooper Havens concluded as well that the suspect might have been wearing the same shorts as were depicted in the surveillance photo.
The suspect exited the vehicle and quickly started walking away toward a breezeway. Trooper Havens exited his vehicle and called out for the suspect to stop. The [suspect] looked back, saw Trooper Havens who was in uniform, made eye contact with Trooper Havens[,] and walked away even faster. It was clear to Trooper Havens that the suspect wanted to get away. Por a short period of time, perhaps a few seconds, Trooper Havens lost sight of the suspect in the breezeway area.
As a result, Trooper Havens jogged after the suspect, observed him at the end of the breezeway and called for him to stop a second time. The suspect continued walking away at a fast pace. Trooper Havens jogged faster and caught up with the suspect. Trooper Havens grabbed the,suspect’s arm. Immediately, the suspect tensed. Trooper Havens, based on his personal experience in the field for over two decades concluded that “a fight was coming.” For “pfficer safety,” Trooper Havens placed the suspect in handcuffs. The suspect was wearing a t-shirt and shorts. Trooper Havens was not concerned with the suspect having any weapons; he just did not want to get in a fight and be “rolling around on the floor.” Trooper Havens advised the suspect that he was not under arrest, just being detained.
The suspect was escorted/walked back to the PSP vehicle. The walk back was approximately 30 to 40 feet. The suspect was identified as [Donald Lester Smith, Wilson’s co-defendant].
Regarding Wilson’s arrest on the alleged warrant, Trooper Havens testified that “almost simultaneously” with the Smith being brought back to the vehicle and then released from his handcuffs, identification information was obtained from Wilson. This identification information was radioed to a Police Communication Officer- (PCO) employed by the PSP. After inputting the information into the national database known as NCIC, the PCO informed Trooper Havens that Wilson was “wanted” on a warrant out of Philadelphia. Wilson was immediately placed in handcuffs and detained on the warrant.
Shortly thereafter, the PCO communicated to the alleged issuing warrant authority that Wilson was in custody. It was requested that the warrant be confirmed and that instructions with respect to extradition be provided.
While the warrant was being confirmed, the [T]roopers were continuing their investigation. Wilson was searched, but nothing was found on him.
As Wilson was being handcuffed, Trooper Havens asked Smith if he had any weapons on him. Smith advised that he did not, but stated that he had “a little personal use heroin in his pocket.” Smith directed Trooper Havens to his front right cargo shorts pocket where Trooper Havens discovered 22 bags of suspected heroin in bundled amounts. Trooper Havens also discovered a cigar wrapper with four bags of suspected heroin, $536.00, and two cellular phones in other areas on Smith’s person.
As a result of the heroin and paraphernalia in his possession, Smith was taken into custody.
Smith was advised of his Miranda[1] rights and agreed to speak with Trooper Havens. He stated that he was a heroin user and that the heroin found on him was for personal use. He also indicated that there was additional heroin inside Room 123 of the Best Western Hotel, in which “they” (meaning him and Wilson) were staying.
As well, a check with hotel staff revealed that Room 123 was rented on the previous date by Wilson. The heroin found on Smith field tested positive.
Both Wilson and Smith were transported in handcuffs from the scene to the State Police Barracks. Wilson was initially handcuffed to a bench before being taken to an interview room for further questioning.
Meanwhile, Trooper Havens prepared an affidavit of probable cause and an application for a search warrant. The search warrant was [authorized at 12 noon and] executed shortly after it was authorized.]
In Room 123, the [T]roopers found an additional 136 bags of heroin, $359.00 in cash, two scales, a pill bottle containing marijuana and different size clothing of the approximate sizes of Wilson and Smith.
... At approximately 10:26 a.m., an hour and a half prior to authorization of the search warrant, the Philadelphia Police Department responded to the request by the PSP PCO for the warrant confirmation and extradition directions.

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Cite This Page — Counsel Stack

Bluebook (online)
172 A.3d 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wilson-pasuperct-2017.