234 A.3d 824
Pa. Super. Ct.2020Background:
- On January 29, 2016 police found Renee Winslow dead in her apartment with a syringe and three blue wax bags that tested positive for fentanyl.
- Texts and calls on January 28 show Winslow arranging a drug purchase with the phone number later identified as Harold Burton's; Burton stipulated he used that phone that evening.
- Surveillance placed Burton near Winslow’s building and showed him entering her apartment briefly at about 10:47 p.m.
- Burton was charged with drug delivery resulting in death (DDRD), recklessly endangering another person (REAP), criminal use of a communication facility, and possession with intent to deliver; jury convicted him of DDRD, PWID, and communication facility, and acquitted him of REAP.
- Burton moved to suppress cell site location information (CSLI); CSLI was initially obtained under the Pennsylvania Wiretap Act, then re-obtained by search warrant after Carpenter v. United States; the trial court denied suppression based on the independent source doctrine.
- Superior Court affirmed: (1) sufficiency of evidence supports DDRD despite acquittal on REAP, and (2) CSLI admissible because the warrant was supported by an independent source and no police misconduct required suppression.
Issues:
| Issue | Commonwealth's Argument | Burton's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain DDRD given acquittal on REAP | Intentional delivery of fentanyl caused death; delivery of a highly dangerous opioid supplies the required reckless mens rea | Acquittal on REAP (a lesser-included offense) shows no proof of recklessness, so DDRD cannot stand (relying on Magliocco) | Conviction affirmed; inconsistent verdicts allowed; delivery of fentanyl satisfied recklessness (Kakhankham) |
| Whether the trial court erred by denying motion to suppress CSLI | CSLI was lawfully obtained originally and then re-obtained by a warrant after Carpenter via an independent, non-tainted investigation | Initial acquisition was defective and Carpenter requires suppression absent lawful warrant; re-obtained CSLI tainted by prior process and misstatements | Denial affirmed; warranted CSLI admissible under independent source doctrine; no police misconduct meriting exclusion |
Key Cases Cited
- Commonwealth v. Kakhankham, 132 A.3d 986 (Pa. Super. 2015) (DDRD requires intentional delivery and death that is recklessly caused by the defendant)
- Carpenter v. United States, 138 S. Ct. 2206 (U.S. 2018) (obtaining historical CSLI is a search requiring a warrant)
- Commonwealth v. Miller, 35 A.3d 1206 (Pa. 2012) (limits Magliocco to statutes where predicate offense is an element; inconsistent verdicts may stand)
- Commonwealth v. Magliocco, 883 A.2d 479 (Pa. 2005) (vacatur required where statute makes commission of a predicate offense an element)
- Commonwealth v. Henderson, 47 A.3d 797 (Pa. 2012) (independent source doctrine permits admission of evidence re-obtained absent police misconduct)
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (standard of review for suppression rulings)
- Commonwealth v. Storey, 167 A.3d 750 (Pa. Super. 2017) (DDRD sufficiency precedent confirming delivery of heroin supports recklessness element)