Com. v. Scheffler, J.
833 EDA 2016
| Pa. Super. Ct. | Oct 11, 2016Background
- Appellee Commonwealth of Pennsylvania v. John Scheffler, No. 833 EDA 2016, on appeal from a January 29, 2016 judgment of sentence in Northampton County criminal cases 2015.
- Appellant was convicted by guilty plea to two counts of burglary after a motion to suppress DNA evidence was denied.
- Evidence linked Appellant to burglaries via co-conspirator statements, witness identifications of his car and physical characteristics, and a DNA sample from a cigarette butt.
- DNA evidence was obtained after a New Jersey warrant for buccal swabs was issued based on Pennsylvania-sourced information, and the warrant was executed while Appellant was incarcerated in New Jersey.
- The New Jersey warrant was procured with a Pennsylvania officer’s assistance and adjudicated by a New Jersey judge who found probable cause.
- The trial court denied the suppression motion, Appellant pleaded guilty to two burglary counts, and the Superior Court affirmed the denial of suppression and the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the New Jersey warrant for DNA collection, based on Pennsylvania facts, was proper. | Scheffler argues the warrant lacked Pennsylvania jurisdiction. | Commonwealth asserts cross-jurisdictional cooperation permits the warrant. | Warrant valid; Pennsylvania standard satisfied. |
Key Cases Cited
- Commonwealth v. Jackson, 907 A.2d 540 (Pa. Super. 2006) (standard for reviewing suppression rulings; may consider prosecutorial evidence and uncontradicted defense evidence)
- Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003) (review of suppression within record)
- Commonwealth v. Dennis, 618 A.2d 972 (Pa. Super. 1992) (probable cause standard for warrants)
- Commonwealth v. Hallowell, 383 A.2d 909 (Pa. 1978) (notice and opportunity to challenge suppression issue)
- Commonwealth v. Kunkel, 408 A.2d 475 (Pa. Super. 1978) (cooperation across jurisdictions does not render invalid warrant)
- Commonwealth v. Corbo, 440 A.2d 1213 (Pa. 1980) (use of cross-jurisdictionally obtained evidence in Pa. proceedings)
- Commonwealth v. Ryan, 400 A.2d 1264 (Pa. 1979) (jurisdictional limits of warrants and logical results)
- State v. Novembrino, 519 A.2d 820 (N.J. 1985) (New Jersey probability standard for warrants)
- State v. Kasabucki, 244 A.2d 101 (N.J. 1987) (probable cause balancing in New Jersey)
- Commonwealth v. Kohl, 615 A.2d 308 (Pa. 1992) (probable cause established by factual information)