Com. v. Heidelberg, C.
2021 Pa. Super. 229
| Pa. Super. Ct. | 2021Background
- On Aug. 11, 2018, an Erie police corporal on foot patrol recognized Cal Heidelberg seated in a green BMW; dispatch/NCIC reported an active Erie County arrest warrant for him and confirmed vehicle registration.
- Heidelberg exited the BMW to a nearby porch; officers verified his identity, placed him under arrest, handcuffed him, and seated him in a patrol car.
- Two officers approached the BMW to "secure" it (driver's window was down and car was illegally parked) and observed, through the open window, clear bags that appeared to contain crack cocaine on the driver’s seat and console. They removed those bags.
- Officers obtained a faxed search warrant the same day; execution of the warrant yielded additional crack cocaine, marijuana, paraphernalia, and a handgun.
- Heidelberg moved to suppress (arguing the arrest and search were unlawful and procedure for the warrant was defective); the suppression court denied relief, a jury convicted him of drug and firearm offenses, and the Superior Court affirmed the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of arrest (existence/reliability of warrant) | Heidelberg: Commonwealth failed to produce the warrant at suppression hearing, so arrest lacked probable cause and was unlawful | Commonwealth: Dispatch/NCIC report confirming an active warrant was reliable; officer could rely on radio/dispatch information | Court: Arrest lawful; suppression court credited officers' testimony that dispatch/NCIC confirmed an active warrant and that provided probable cause (relying on precedent) |
| Validity of search/seizure of items observed in vehicle (plain view) | Heidelberg: Seizure/search incident to arrest was unlawful if arrest or warrant invalid | Commonwealth: Officers lawfully secured car after arrest and observed contraband in plain view; their training and experience made incriminating nature immediately apparent | Court: Plain-view exception applied — officers viewed suspected drugs from a lawful vantage after a lawful arrest and had lawful access; seizure was lawful |
| Technical defects in search-warrant process (Pa.R.Crim.P. 203 and 210) | Heidelberg: Warrant procured/faxed without required in-person or audio-visual affiant contact; affidavit/warrant not properly filed with clerk | Commonwealth: Record does not support material procedural defect; in any event, there was no bad faith or prejudice and alternative doctrines apply | Court: Record did not substantiate claimed defects; even assuming defects, evidence would have been inevitably discovered during lawful impoundment/inventory and suppression is inappropriate absent constitutional violation or bad faith |
| Cumulative error (aggregate effect of alleged violations) | Heidelberg: Combined defects render arrest/warrant illegitimate and require suppression | Commonwealth: Individual claims lack merit; no cumulative prejudice | Court: No cumulative-error relief — individual claims fail, so cumulative-error claim also lacks merit |
Key Cases Cited
- Commonwealth v. Bumbarger, 231 A.3d 10 (Pa. Super. 2020) (NCIC dispatch information can supply probable cause to arrest)
- Commonwealth v. Cotton, 740 A.2d 258 (Pa. Super. 1999) (reliability of NCIC/broadcasts supports on-the-spot arrests)
- Commonwealth v. Evans, 494 A.2d 383 (Pa. Super. 1985) (officer may rely on radio/dispatch information under specified conditions)
- Commonwealth v. McCree, 924 A.2d 621 (Pa. 2007) (plain-view doctrine elements and analysis)
- Commonwealth v. Liddie, 21 A.3d 229 (Pa. Super. 2011) (officer experience and totality of circumstances support plain-view probable cause)
- Commonwealth v. Miller, 56 A.3d 424 (Pa. Super. 2012) (plain-view seizures from vehicles and lawful access)
- Commonwealth v. Bailey, 986 A.2d 860 (Pa. Super. 2009) (inventory/impoundment can make discovery inevitable)
- Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020) (announcing exigency-plus-probable-cause rule for warrantless vehicle searches; noted but not applied retroactively here)