Commonwealth v. Alexander
16 A.3d 1152
| Pa. Super. Ct. | 2011Background
- Alexander pled guilty to violations of the Uniform Firearms Act and was sentenced to 1–2 years’ imprisonment followed by three years’ reporting probation.
- On the same day, the court ordered random searches of Alexander’s residence by Gun Violence Task Force agents as a probation/parole condition.
- The searches were without individualized reasonable suspicion and were tied to a prohibition on possessing firearms and residing with anyone who has a gun.
- Alexander challenged the search condition as unconstitutional under federal and Pennsylvania constitutions and beyond the court’s authority.
- The trial court denied the motion to strike the search condition; the Superior Court remands for resentencing and vacates the search provision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the random, warrantless residence searches violate constitutional protections | Alexander argues searches require reasonable suspicion per statutory authority | Commonwealth contends trial court can impose probation conditions including searches | Unconstitutional; searches invalid and vacated |
| Whether the probation search condition is authorized by law | Alexander asserts lack of statutory power for suspicionless searches | Commonwealth relies on court discretion under sentencing statutes | Invalid; lacking statutory authority |
| Whether the parole search aspect is valid where maximum sentence is two years | Alexander contends parole terms cannot include random searches | Wilson controls; parole conditions invalid with two-year max | Vacate parole-related searches |
| Whether the issue is preserved for review as a legality of sentence challenge | Alexander preserved via post-sentence motions | Commonwealth argues non-waivable discretionary issue | Issue preserved; challenge treated as legality of sentence |
Key Cases Cited
- Commonwealth v. Wilson, 11 A.3d 519 (Pa. Super. Ct. 2010) (prohibition on illegal probation conditions; parole authority limits)
- Commonwealth v. Williams, 547 Pa. 577, 692 A.2d 1031 (1997) (parolees have diminished privacy; need reasonable suspicion for searches)
- Commonwealth v. Mears, 972 A.2d 1210 (Pa. Super. 2009) (parole special terms must be authorized; illegal where not)
- Commonwealth v. Dickson, 918 A.2d 95 (Pa. 2007) (challenge to sentence legality; non-waivable)
- Commonwealth v. Sutton, 583 A.2d 502 (Pa. Super. Ct. 1990) (remand for resentencing may be appropriate to implement sentencing plan)
- Commonwealth v. Gordon, 897 A.2d 504 (Pa. Super. Ct. 2006) (discrepancies between sentencing order and oral sentence; order controls)