Com. v. Suarez, Jr., P. ( 2014 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
PEDRO JULIO SUAREZ, JR.
Appellee No. 442 MDA 2014
Appeal from the Order February 18, 2014
In the Court of Common Pleas of Berks County
Criminal Division at No(s): CP-06-CR-0003781-2013
BEFORE: BOWES, J., MUNDY, J., and JENKINS, J.
MEMORANDUM BY MUNDY, J.: FILED OCTOBER 10, 2014
The Commonwealth appeals from the February 18, 2014 order
granting the motion to suppress filed by Appellee, Pedro Julio Suarez, Jr. 1
After careful review, we reverse and remand for further proceedings.
We summarize the relevant factual and procedural history of this case
as follows. Pennsylvania State Trooper Shawn E. Conrad was assigned to a
“large stolen ATV, all[-]terrain vehicle, investigation.” N.T., 11/19/13, at 6.
One of the victims in his investigation contacted Trooper Conrad to inform
him that “he believed one of the stolen vehicles was for sale on [C]raigslist.”
Id. Trooper Conrad investigated the Craigslist advertisement and contacted
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1
The Commonwealth has averred, pursuant to Pa.R.A.P. 311(d), that the
trial court’s order would terminate or substantially handicap its prosecution.
Therefore, we have jurisdiction to address the Commonwealth’s interlocutory
appeal.
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an individual named Manny by telephone. Id. at 7. Trooper Conrad “made
him believe [he] was a prospective buyer for the vehicle.” Id. Manny
instructed Trooper Conrad to meet him at a certain location in Reading,
Pennsylvania.
Upon meeting Manny in Reading, he instructed Trooper Conrad to
follow him in his car to the location of the vehicle. Id. While en route to
this location, Manny stopped at a residence and picked up Appellee. Id.
After this, they all proceeded to the Route 10 Self-Storage, located at 1060
Morgantown Road, Cumru Township, Pennsylvania. Id. at 6, 7. Once there,
Appellee and Manny opened a specific storage unit which revealed
“numerous ATV’s [sic] and a Mercedes-Benz[.]” Id. at 8. Manny and
Appellee brought out the vehicle they believed Trooper Conrad was
interested in purchasing; upon inspection, Trooper Conrad “was able to see
the [vehicle identification number (VIN)] had been ground off and
replaced[.]” Id. At this point, Trooper Conrad identified himself as
Pennsylvania State Police and took Manny and Appellee into custody, along
with the ATV. Id. at 9.
Initially, Trooper Conrad returned to search the storage unit after
Appellee had given Trooper Conrad consent to do so. Id. However, upon
arriving back at the storage unit, an attorney who represented the actual
lessee of the unit rescinded the consent. Id. Trooper Conrad then applied
for a search warrant for the storage unit. Id. The search warrant was for
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“[s]tolen vehicles, [ATVs], motorcycles, and off-road motorcycles of all
make, model, and years … [as well as a]ny stolen vehicle, [ATV], motorcycle
and/or off-road motorcycle parts.” N.T., 11/19/13, Commonwealth’s Exhibit
1, at 1. The warrant was signed by a magisterial district judge. Id.; N.T.,
11/19/13, at 10. Trooper Conrad testified that motor companies place
additional VIN markings in a number of hidden places on vehicles to deter
against theft. N.T., 11/19/13, at 12. Trooper Conrad also explained that a
stolen vehicle part “could be the size of a baseball or smaller.” Id. at 14.
Upon returning to the storage unit with the search warrant, officers
opened the trunk of the Mercedes-Benz in the storage unit in an attempt to
locate the secret VIN number to ascertain whether it was stolen. Id. at 19.
Located inside the trunk was an opaque shopping bag. Id. at 20. The
officers opened the bag and looked at its contents. Suppression Court
Opinion, 4/21/14, at 3. The police saw boxes of ammunition and a black
bank deposit bag, which felt heavy when the officer tried to move it.
Affidavit of Probable Cause, 8/16/13, at 1. This heavy object was a black
handgun. Id. After this, Trooper Conrad sought an additional search
warrant to search the Mercedes-Benz, specifically for guns and narcotics.
N.T., 11/19/13, at 21; Affidavit of Probable Cause, 8/16/13, at 1. The
additional search warrant was granted, and the second search of the trunk
revealed three plastic sandwich bags of cocaine. Affidavit of Probable Cause,
8/16/13, at 1.
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On September 6, 2013, the Commonwealth filed an information
charging Appellee with two counts each of possession with intent to deliver
(PWID) and intentional possession of a controlled substance.2 On November
6, 2013, Appellee filed an omnibus pre-trial motion seeking to suppress the
evidence obtained from the shopping bag. The suppression court conducted
a hearing on November 22, 2013. On February 18, 2014, the suppression
court entered an order granting Appellee’s motion to suppress. On March
10, 2014, the Commonwealth filed a timely notice of appeal.3
On appeal, the Commonwealth presents two issues for our review.
A. Did the [suppression] court err in suppressing
evidence found inside the trunk of the Mercedes
Benz E320 where the warrant contained probable
cause to enter the trunk?
B. Did the [suppression] court abuse its discretion
in denying the Commonwealth’s motion to reopen
the pretrial record where the challenge raised by
[Appellee] was unclear and required clarification?
Commonwealth’s Brief at 4.
We begin by noting our well-settled standard of review.
When the Commonwealth appeals from a
suppression order, this Court may consider only the
evidence from the defendant’s witnesses together
with the evidence of the prosecution that, when read
in the context of the record as a whole, remains
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2
35 P.S. §§ 780-113(a)(30) and 780-113(a)(16), respectively.
3
The Commonwealth and suppression court have complied with Pa.R.A.P.
1925.
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uncontradicted. In our review, we are not bound by
the suppression court’s conclusions of law, and we
must determine if the suppression court properly
applied the law to the facts. We defer to the
suppression court’s findings of fact because, as the
finder of fact, it is the suppression court’s
prerogative to pass on the credibility of the
witnesses and the weight to be given to their
testimony.
Commonwealth v. Hudson, 92 A.3d 1235, 1241 (Pa. Super. 2014)
(internal quotation marks and citations omitted).
In its first issue, the Commonwealth avers that the suppression court
erroneously concluded that the first search warrant for the storage unit did
not authorize the police to search the shopping bag located in the trunk of
the Mercedes-Benz. Commonwealth’s Brief at 12. Appellee counters that
the search of the shopping bag exceeded the scope of the search warrant, as
it was “limited by the probable cause.” Appellee’s Brief at 13.
The Fourth Amendment of the Federal Constitution provides in relevant
part that, “no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.” U.S. Const. amend. IV. The specificity
requirements of the Fourth Amendment’s text reflect the Framers’ distaste
for “indiscriminate searches and seizures conducted under the authority of
‘general warrants’”. Payton v. New York, 445 U.S. 579, 583 (1980).
However, “[a] particular warrant also assures the individual whose property
is searched or seized of the lawful authority of the executing officer, his need
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to search, and the limits of his power to search.” Groh v. Ramirez, 540
U.S. 551, 561 (2004) (internal quotation marks and citation omitted). It is
also manifest that “a lawful search generally extends to the entire area in
which the object of the search may be found.” 4 Commonwealth v. Rega,
933 A.2d 997, 1013 (Pa. 2007) (citation omitted), cert. denied, Rega v.
Pennsylvania, 552 U.S. 1316 (2008).
In this case, as noted above, the search warrant identified the place to
be searched as “[s]torage [u]nits number G3 and G4, a metal structure with
white siding with a blue door and roof, located witin [sic] the Route 10
Storage facility at 1060 Morgantown Road, Cumru Township[,] Berks
County, PA.” N.T., 11/19/13, Commonwealth’s Exhibit 1, at 1. Moreover,
the search warrant identified the things to be seized as “[s]tolen vehicles,
[ATVs], motorcycles, and off-road motorcycles of all make, model, and years
… [as well as a]ny stolen vehicle, [ATV], motorcycle and/or off-road
motorcycle parts.” Id. The suppression court concluded that the warrant
was supported by probable cause and the warrant did authorize the search
of the Mercedes-Benz’s trunk. Suppression Court Opinion, 2/18/14, at 6.
However, the suppression court also concluded that the search warrant did
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4
To further illustrate this principle, the Supreme Court has noted that
“[a]warrant to open a footlocker to search for marihuana would also
authorize the opening of packages found inside.” United States v. Ross,
456 U.S. 798, 821 (1982). By contrast, our Supreme Court has held that
“police … [cannot] properly search [a] jacket [if] they [are] looking for an
elephant.” Commonwealth v. Reese, 549 A.2d 909, 911 n.2 (Pa. 1988).
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not authorize the search of the shopping bag because “the Commonwealth
presented no evidence that the initial warrant authorized police to search
inside bags within the trunk of the vehicle.” Id.As noted above, a valid search warrant authorizes police to search any
area where the objects identified in the warrant are to be found. Rega,
supra. As relevant in this case, the warrant specifically mentioned stolen
vehicle and ATV parts. N.T., 11/19/13, Commonwealth’s Exhibit 1, at 1.
Furthermore, Trooper Conrad testified that a stolen vehicle part “could be
the size of a baseball or smaller.” Id. at 14. In our view, it logically follows
that a stolen vehicle part could have been found in a shopping bag located
within the trunk of the Mercedes-Benz, just as it could have been found in
the trunk of the Mercedes-Benz itself. The shopping bag within the trunk
was within the scope of the “area in which [a stolen vehicle or ATV part]
may be found.” Rega, supra. The Commonwealth was not required under
the Fourth Amendment to present additional “evidence” that the police were
permitted to search the shopping bag. The shopping bag was within the
scope of the permissible search pursuant to the warrant issued and signed
by the magistrate.5 See, e.g., Commonwealth v. Reese, 549 A.2d 909,
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5
Appellee concedes that probable cause existed to issue the search warrant
and that the search of the Mercedes-Benz’s trunk was authorized.
Appellee’s Brief at 11. However, Appellee argues the search of the shopping
bag was beyond the scope of the warrant because Trooper Conrad had only
discovered evidence that a stolen vehicle was “left intact and merely
(Footnote Continued Next Page)
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911 (Pa. 1988) (stating, “[w]here a search warrant adequately describes the
place to be searched and the persons and/or things to be seized the scope of
the search ‘extends to the entire area in which the object of the search may
be found’ and properly includes the opening and inspection of containers and
other receptacles where the object may be secreted[]”), quoting United
States v. Ross, 456 U.S. 798, 821-822 (1982). Therefore, because the
search warrant did authorize the search of the shopping bag, Appellee’s
Fourth Amendment rights were not violated.6
Based on the foregoing, we conclude the suppression court erred when
it granted Appellee’s motion to suppress. See Hudson, supra.Accordingly, the suppression court’s February 18, 2014 order is reversed,
and the case is remanded for further proceedings, consistent with this
memorandum.
Order reversed. Case remanded. Jurisdiction relinquished.
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(Footnote Continued)
renumbered creating the illusion of a vehicle that is legal.” Id. Appellee
further argues the warrant only “authorized a search for parts in the same
manner that [Trooper] Conrad had discovered[.]” Id. However, we note
the probable cause affidavit in this case also notes that a “stolen vehicle can
be dismantled and the parts from it sold.” N.T., 11/19/13, Commonwealth’s
Exhibit 1, at 2. Therefore, this is not an impediment to our decision.
6
In light of our resolution of the Commonwealth’s first issue, we need not
address its remaining issue on appeal.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/10/2014
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