Com. v. Pinock, K.
Com. v. Pinock, K. No. 2851 EDA 2015
| Pa. Super. Ct. | Mar 31, 2017Background
- Police conducted multiple surveillances of 5252 Spruce Street after receiving a narcotics tip; confidential informants (CIs) conducted buys on several dates returning with crack cocaine.
- On April 23, 2014, Officer Jackson (investigator) observed a CI hand $20 prerecorded buy money to Appellant Pinock on the landing; Appellant entered the residence briefly; the CI returned with drugs.
- Officer Jackson had a search warrant and called for backup; within 15 minutes the warrant was executed but Pinock was found outside about ten feet away; Officer Waters stopped him and recovered the $20 prerecorded buy money.
- At the suppression hearing only Officer Jackson (the knowledge officer) testified; she said she instructed other officers (including Waters) to detain Pinock for investigation and had continuous radio contact with the team.
- Pinock moved to suppress the seized buy money, arguing Officer Waters lacked probable cause and Yong v. Commonwealth controls; the trial court denied suppression, convicted Pinock of PWID, and sentenced him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop/search/arrest violated the Fourth Amendment under the collective knowledge doctrine | Commonwealth: Officer Waters acted on instructions from Officer Jackson, so Jackson’s knowledge imputes to Waters and supports arrest/search | Pinock: Waters lacked personal probable cause; under Yong knowledge cannot be imputed absent an instruction to arrest and here Jackson only authorized a detention | Court: Jackson possessed probable cause based on the totality of circumstances; her knowledge imputed to Waters when she instructed him to act, so arrest/search lawful |
Key Cases Cited
- Commonwealth v. Yong, 120 A.3d 299 (Pa. Super. 2015) (limits collective knowledge imputation where arresting officer did not act on instructions from a knowledgeable officer)
- Whiteley v. Warden, 401 U.S. 560 (U.S. 1971) (admissibility of evidence depends on whether officers who issued a flyer had probable cause)
- United States v. Hensley, 469 U.S. 221 (U.S. 1985) (discusses reliance on information from fellow officers and law enforcement bulletins)
- Commonwealth v. Weaver, 76 A.3d 562 (Pa. Super. 2013) (defines probable cause for warrantless arrests)