In the Interest of B.C.

683 A.2d 919, 453 Pa. Super. 294, 1996 Pa. Super. LEXIS 3410
CourtSuperior Court of Pennsylvania
DecidedOctober 10, 1996
Docket422
StatusPublished
Cited by34 cases

This text of 683 A.2d 919 (In the Interest of B.C.) 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
In the Interest of B.C., 683 A.2d 919, 453 Pa. Super. 294, 1996 Pa. Super. LEXIS 3410 (Pa. Ct. App. 1996).

Opinions

CIRILLO, President Judge Emeritus:

Appellant, B.C., was adjudicated delinquent for possessing a controlled substance1 following the denial of his motion to suppress evidence of thirty-three packets of crack cocaine. B.C. was placed on intensive drug and alcohol probation. In this appeal, B.C. alleges that the trial court erred in denying his motion to suppress because: (1) there was insufficient [299]*299justification for the initial Terry2 stop; (2) the “frisk” exceeded the scope permitted by the “plain feel” doctrine articulated in Minnesota v. Dickerson, 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993); and (3) the Dickerson “plain feel” doctrine violates this Commonwealth’s fundamental commitment to privacy under Article I, Section 8 of the Pennsylvania Constitution. We disagree with B.C. and, therefore, affirm.

At the outset, we reiterate that on review of an order denying a motion to suppress evidence, this court must determine whether the factual findings, inferences and legal conclusions of the trial court are supported by the record. Commonwealth v. Fitzpatrick, 446 Pa.Super. 87, 666 A.2d 323 (1995). We may only consider the evidence of the Commonwealth’s witnesses, and so much of the evidence presented by the defendant, which remains uncontradicted when fairly read in the context of the record as a whole. Id. The suppression court has exclusive province to determine the credibility of witnesses and the weight accorded their testimony. Id. If the record supports the factual findings of the trial court, we are bound by such findings and may reverse only for an error of law. Id.

At the January 17, 1995 suppression hearing before the Honorable Sheldon J. Jelin, B.C. presented no evidence. The sole Commonwealth witness was Police Officer Jose Perez. The suppression court found Officer Perez’ testimony credible and concluded that the officer had stated enough facts to warrant briefly detaining the suspect in order to investigate the situation, to conduct the pat down for weapons, and to seize the contraband.

The following uncontradicted facts of record support the suppression court’s conclusion: At approximately ten o’clock a.m. on August 7,1994, Officer Perez was on routine patrol in the area of Master and Myrtlewood Streets in Philadelphia. As he stopped his marked police vehicle at the intersection and looked down the 1400 Block of Myrtlewood Street, Officer Perez observed B.C. standing approximately 70 feet away on [300]*300the sidewalk. Officer Perez watched B.C. remove a clear plastic sandwich bag that “had an orange-tint to it” from the waistband of his pants and show it to a woman companion. “The orange [tint],” the officer clarified, “came from the small packets inside the bag.” Officer Perez testified that “when I saw the plastic baggie, from my experience I knew it to be narcotics, especially when I saw him retrieve it from his waistband.” The officer then drove around the block, approached B.C., and conducted a pat-down search for weapons. During the pat-down, no weapon was found, however, when the officer reached the front area of B.C.’s waistband, he felt the bulge from the plastic bag. Officer Perez explained that when he felt something during a pat down, he would give a slight squeeze, and that “when you feel down for the baggie with the packets in there, it’s like — -just like a small bulge in there, which I felt several hundred times. So from my experience I knew what it was.” Officer Perez then removed the baggie, which contained thirty-three orange-tinted packets of crack cocaine. Officer Perez testified that he was a four and one-half year veteran of the police force, and had participated in two hundred and sixty narcotics arrests in the previous year alone. The officer classified the 1400 block of Myrtlewood Street as a high drug-crime area, as he had made several drug-related arrests at the same location.

B.C. argues that the officer pointed to a very limited number of factors to support the decision to stop appellant. B.C. specifically claims that the officer did not see him conduct any kind of transaction, nor did the officer have any prior contact with appellant. B.C. also claims that simply because the area in which he was stopped was a “high crime area,” the observation of the baggie alone was insufficient to create reasonable suspicion. The stop, he asserts, was unreasonable and, thus, unconstitutional.

As this court succinctly noted, “[i]t is hornbook law that the [F]ourth [Ajmendment of the. United States Constitution as well as Article I, § 8 of the Pennsylvania Constitution [301]*301protect citizens from unreasonable searches and seizures.”3 Commonwealth v. Baer, 439 Pa.Super. 437, 440-41, 654 A.2d 1058, 1059 (1994). See also Commonwealth v. Reiss, 440 Pa.Super. 151, 655 A.2d 163 (1995). Warrantless searches and seizures are unreasonable per se, unless conducted pursuant to a specifically established and well-delineated exception to the warrant requirement. Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 514, 19 L.Ed.2d 576 (1967). One such exception, the Terry “stop and frisk,” permits a police officer to briefly detain a citizen for investigatory purposes if the officer “observes unusual conduct which leads him to reasonably conclude, in light of his experience, that criminal activity may be afoot.” Fitzpatrick, 446 Pa.Super. at 91, 666 A.2d at 325 (citation omitted); Commonwealth v. Hicks, 434 Pa. 153, 158, 253 A.2d 276, 279 (1969).

In order to be constitutionally reasonable, the police officer must articulate specific facts which, “in conjunction with rational inferences deriving therefrom,” would warrant the initial stop. Commonwealth v. Arch, 439 Pa.Super. 606, 612, 654 A.2d 1141, 1143 (1995) (quoting Commonwealth v. Prengle, 293 Pa.Super. 64, 68, 437 A.2d 992, 994 (1981)). Although the officer’s conclusion cannot be based on an “unparticularized suspicion” or “hunch,” Terry, 392 U.S. at 27, 88 S.Ct. at 1883, the reasonable suspicion which justifies the brief detention of a person is a less demanding standard and can be established from less reliable information than that required to show probable cause. Commonwealth v. Campbell, 418 Pa.Super. 391, 398-400, 614 A.2d 692, 696 (1992) (citing Alabama v. White, 496 U.S. 325, 330, 110 S.Ct. 2412, 2416, 110 [302]*302L.Ed.2d 301 (1990)). See also United States v. Sokolow, 490 U.S. 1, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989). In deciding whether reasonable suspicion of criminal activity was present, courts must take into account “the totality of the circumstances — the whole picture.” Campbell, 418 Pa.Super. at 399, 614 A.2d at 697 (citing United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 694-95, 66 L.Ed.2d 621 (1981)). We do not view the situation as an ordinary citizen might, but instead “focus on the circumstances as seen through the eyes of the trained officer.” Commonwealth v. Quiles, 422 Pa.Super.

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Bluebook (online)
683 A.2d 919, 453 Pa. Super. 294, 1996 Pa. Super. LEXIS 3410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-bc-pasuperct-1996.