Commonwealth, Aplt. v. Enimpah, A.
106 A.3d 695
| Pa. | 2014Background
- Appellee, a car passenger, was stopped by police; a plastic bag containing cocaine fell from his lap as he stepped out; driver consented to search; suppression hearing held with no evidence offered by the Commonwealth; trial court suppressed and Superior Court affirmed; Commonwealth sought review to determine when its burden of production is triggered; defendant had automatic standing on possessory charges; overall issue concerns burden allocation at suppression hearing under Pa.R.Crim.P. 581.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When is the Commonwealth’s burden of production triggered at suppression? | Commonwealth argues threshold privacy proof is required first. | Appellee contends threshold privacy proof is not a prerequisite to production. | Commonwealth bears initial burden of production in all cases. |
| Must defendant prove a reasonable expectation of privacy before the burden shifts? | Millner/Boulware-like framing requires privacy to prevail. | Defendant should not bear threshold privacy proof before production. | No prerequisite; privacy merit inquiry follows production unless Commonwealth concedes. |
| What is the relationship between standing and privacy interest in suppression merits? | Standing is automatic for possessory offenses; privacy interest governs merits. | Protects ability to challenge search without self-incrimination burden. | Standing is automatic for possessory offenses; privacy interest determines merits. |
Key Cases Cited
- Commonwealth v. Sell, 504 Pa. 46 (1983) (automatic standing preserved; privacy merits inquiry remains)
- Commonwealth v. Millner, 585 Pa. 237 (2005) (privacy expectation preliminary; burden on Commonwealth to show lack of privacy)
- Commonwealth v. Peterson, 535 Pa. 492 (1993) (automatic standing; merits review without preliminary ownership show)
- Commonwealth v. Hawkins, 553 Pa. 76 (1998) (need legitimate privacy interest to prevail)
- Commonwealth v. Boulware, 876 A.2d 440 (Pa. Super. 2005) (earlier panel linked privacy proof before production; not controlling here)