In the Interest of T.P.

78 A.3d 1166, 2013 Pa. Super. 280, 2013 WL 5709104, 2013 Pa. Super. LEXIS 3134
CourtSuperior Court of Pennsylvania
DecidedOctober 21, 2013
StatusPublished
Cited by42 cases

This text of 78 A.3d 1166 (In the Interest of T.P.) 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 T.P., 78 A.3d 1166, 2013 Pa. Super. 280, 2013 WL 5709104, 2013 Pa. Super. LEXIS 3134 (Pa. Ct. App. 2013).

Opinions

OPINION BY

BOWES, J.:

The Commonwealth appeals from the juvenile court order that granted T.P.’s motion to suppress based on 42 Pa.C.S. § 6338(c)(1), a provision of the Juvenile Act. Specifically, the court ruled that certain statements made by Juvenile during a pre-polygraph interview that was part of court-ordered counseling he was receiving for unrelated delinquency cases were inadmissible. After careful review, we affirm.1

Juvenile was originally adjudicated delinquent on two separate juvenile delinquency petitions. The juvenile court found Juvenile delinquent for the commission of acts constituting indecent assault and harassment based on his fondling of a twelve-year-old female’s breasts while another juvenile engaged in forcible intercourse with the victim. In addition, the court determined that Juvenile committed the delinquent act of indecent exposure after he both showed a student his penis during gym class and touched that student’s back with his penis. At the time of the commission of the delinquent acts, Juvenile was not yet fourteen.

The juvenile court entered a dispositional order for both cases requiring Juvenile to complete sex-offender counseling with the Commonwealth Clinical Group (“Clinical Group”). As part of Juvenile’s treatment, the Clinical Group mandated that he take a polygraph exam. During a pre-polygraph interview, which immediately preceded the polygraph exam, Juvenile admitted to sexual misconduct involving a family member. Ultimately, it was determined that Juvenile engaged in forcible intercourse with his nine-year-old brother. Based on Juvenile’s statements during the interview, the Commonwealth filed the underlying delinquency petition alleging two delinquent acts of involuntary deviate sexual intercourse (“IDSI”) by forcible compulsion, two charges of IDSI with a minor less than thirteen years old, one act of criminal attempt to commit IDSI, and four counts of indecent assault.

Juvenile filed a motion seeking to suppress the admission of any statements that he made during the interview. Therein, he argued that his statements were taken in violation of his constitutional rights against self-incrimination since he was not provided Miranda warnings, his statements were not knowing, voluntary, and intelligently made, and the statements were inadmissible under the Juvenile Act because admission of his confession would contravene the goals of that statute. The juvenile court conducted a suppression hearing on March 7, 2012. Juvenile explicitly argued at the suppression hearing, that, “the incriminating statements that he might have made should be suppressed under the Juvenile Act because it’s under [1169]*1169the process of receiving treatment.” Suppression Hearing, 3/7/12, at 6. He did not cite directly to § 6338(c)(1). Subsequently, on March 28, 2012, both Juvenile and the Commonwealth submitted respective memorandum on the suppression issues. Again, Juvenile failed to expressly cite § 6338(c)(1). The juvenile court concluded that Juvenile’s Miranda position did not entitle him to relief, but suppressed his statements based on § 6338(c)(1), the section of the Juvenile Act governing admissions obtained during the course of a screening or assessment pursuant to proceedings under the Juvenile Act.

The Commonwealth timely appealed, certifying that the juvenile court order suppressing Juvenile’s statements would terminate or substantially handicap its delinquency proceedings. See Pa.R.A.P. 311(d). The juvenile court ordered the Commonwealth to file a Pa.RA.P. 1925(b) concise statement of errors complained of on appeal. The Commonwealth complied, and the juvenile court authored its Pa. R.A.P. 1925(a) memorandum. The matter is now ready for this Court’s consideration. The Commonwealth raises two issues for our review.

1. Did the Juvenile waive any claim to suppress his confessions under 42 Pa.C.S.A. § 6338 by failing to raise the issue at any point during the proceedings, including [his] pretrial motion, pretrial suppression hearing, and extensive written submissions after the pretrial hearing?
2. Did the [juvenile] court err in concluding that an exit therapeutic maintenance polygraph conducted as part of sex offender counseling constituted [an] “assessment” rather than “treatment” under 42 Pa.C.S.A. § 6338(c)?

Commonwealth’s brief at 4.

When reviewing the propriety of a suppression order, we are required to determine whether “the record supports the factual findings of the suppression court,” and “we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error.” Commonwealth v. Peterson, 17 A.3d 935, 937 (Pa.Super.2011). Since Juvenile prevailed below, we consider only the evidence of Juvenile and so much of the Commonwealth’s evidence that is un-contradicted when read in the context of the entire record. Id. Concomitantly, where the questions presented concern legal questions, we are not bound by the suppression court’s determinations and our standard of review is de novo. See Commonwealth v. Durso, 2013 PA Super 223, - A.3d -, -, 2013 WL 3963714, *1 (discussing suppression issue concerning statutory interpretation).

The Commonwealth begins by arguing that Pa.R.A.P. 302 applies, and that Juvenile’s issue is waived because it was not raised below. According to the Commonwealth, who is the Appellant herein, Juvenile’s failure to specifically assert the applicability of § 6338 during the hearing resulted in the claim being waived. In support of this position, the Commonwealth relies on ease law discussing the failure of an appellant to set forth an argument in the trial court and the appellant’s forwarding of that position on appeal. Commonwealth’s brief at 13-14 (citing Commonwealth v. Charleston, 16 A.3d 505 (Pa.Super.2011); Commonwealth v. Shamsud-Din, 995 A.2d 1224 (Pa.Super.2010)).

The Commonwealth continues that Juvenile “failed to raise the claim that his confessions would be inadmissible in an adjudicatory hearing under 42 Pa.C.S.A. § 6338 at any stage in these proceedings, despite having multiple opportunities to do so.” Commonwealth’s brief at 14. It maintains that because Juvenile did not [1170]*1170cite § 6338 in his five page suppression motion, Juvenile waived any reliance upon § 6338(c)(1). The Commonwealth also asserts that Juvenile’s claim, that his confession should be suppressed based on the juvenile court’s “plenary authority under the Juvenile Act” did not adequately raise the grounds on which the juvenile court afforded suppression. Commonwealth’s brief at 14.

The Commonwealth highlights that juvenile counsel did not explicitly cite § 6338 during the suppression hearing or reference the provision in post-hearing memorandum. Instead, in addition to his Miranda positions, Juvenile presented approximately two pages of argument pertaining to the juvenile court’s plenary authority to suppress Juvenile’s admissions under the Juvenile Act. Lastly, the Commonwealth relies on case law discussing appellate waiver based on a party’s inadequate development of a legal issue on appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
78 A.3d 1166, 2013 Pa. Super. 280, 2013 WL 5709104, 2013 Pa. Super. LEXIS 3134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-tp-pasuperct-2013.