Com. v. Davis, D.
Com. v. Davis, D. No. 2040 EDA 2015
| Pa. Super. Ct. | Mar 13, 2017Background
- On Dec. 5, 2013, Officers Bogan and Fitzgerald surveilled the rear of 3527 Ryan Ave after a complaint of narcotics sales.
- They observed Dalton Davis leave the rear, conduct two separate hand‑to‑hand exchanges (one with a man, one with an occupant of a blue car), and retreat into the residence after each transaction.
- Officers stopped the blue car; the driver (Jennifer Cifelli) was found with marijuana and ten Xanax pills and identified Davis as the seller; her phone showed Davis’s number.
- Police obtained and executed a search warrant for 3527 Ryan Ave; Davis was arrested in the basement and officers seized multiple pill bottles from his person and the residence, pills, prescriptions, empty bottles, and his cell phone.
- Davis moved to suppress evidence, arguing the warrant affidavit lacked probable cause linking contraband to his home; the trial court denied the motion, he was convicted of PWID and related charges, and he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search warrant affidavit established probable cause to search 3527 Ryan Ave | Commonwealth: surveillance, observed sales, recovery of contraband from purchaser, purchaser’s statement identifying Davis, voter registration tying Davis to the address — together support fair probability of contraband at the residence | Davis: affidavit did not establish a sufficient nexus showing drugs were stored at the residence; Kline requires an explicit showing of on‑premises storage | Court: Affirmed. Affidavit provided substantial basis for magistrate’s probable cause finding given observed conduct, purchaser’s admission, and Davis’s residence link |
Key Cases Cited
- Commonwealth v. Gagliardi, 128 A.3d 790 (Pa. Super. 2015) (reviewing standard for magistrate probable‑cause determinations)
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (deferential review of issuing authority’s probable‑cause finding)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good‑faith/deference principles in search‑warrant context)
- United States v. Miknevich, 638 F.3d 178 (3d Cir. 2011) (upholding magistrate’s finding where substantial basis existed)
- Commonwealth v. Dukeman, 917 A.2d 338 (Pa. Super. 2007) (probable cause must be shown within four corners of affidavit)
- Commonwealth v. Smith, 784 A.2d 182 (Pa. Super. 2001) (same principle regarding affidavit’s four‑corners)
- Commonwealth v. Kline, 335 A.2d 361 (Pa. Super. 1975) (affidavit must link items to premises — distinguished on facts here)