317 A.3d 659
Pa. Super. Ct.2024Background
- On September 24, 2020, Elise Coles was observed by police sitting on a Philadelphia street corner with others, apparently smoking marijuana.
- As officers approached, Coles fled into a nearby house she did not have permission to enter, carrying a black North Face backpack.
- Inside the house, police located Coles without the backpack, which was found in the kitchen about 15-20 feet away from her.
- Upon handling the backpack, an officer determined it contained a firearm, which Coles was not licensed to possess.
- Coles was arrested and charged with firearms violations; she moved to suppress evidence of the gun, arguing the search was unconstitutional.
- The trial court granted the suppression motion, finding she had not abandoned the backpack and maintained a reasonable expectation of privacy in it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the search of the backpack constitutional? | Coles retained privacy; police lacked reasonable suspicion or probable cause to search. | Coles abandoned the backpack by leaving it behind in a house she had no right to be in while fleeing police. | Coles abandoned the backpack, so no reasonable expectation of privacy; search was valid. |
Key Cases Cited
- Commonwealth v. Hall, 305 A.3d 1026 (Pa. Super. 2023) (defendant cannot contest search of voluntarily abandoned property)
- Commonwealth v. Byrd, 987 A.2d 786 (Pa. Super. 2009) (standing to challenge a search requires possessory interest and expectation of privacy)
- Commonwealth v. Barnette, 760 A.2d 1166 (Pa. Super. 2000) (abandonment is a question of intent inferred from acts and circumstances)