Commonwealth v. Gagliardi
128 A.3d 790
| Pa. Super. Ct. | 2015Background
- Police received a tip from a confidential informant (CI) that a white male called “Romeo,” in his 30s, lived at 2627 Emily St. and sold cocaine in South Philadelphia.
- On Aug. 23 and Aug. 24, 2012 officers conducted two controlled buys: each time CI met Romeo at 26th & Dudley, Romeo exited 2627 Emily, sold cocaine to CI, and returned to the house; after the first buy Romeo also made a second street sale from a vehicle before returning home.
- Officer Bruce Cleaver swore an affidavit recounting the buys and stating the CI had previously made buys that led to narcotics seizures; the warrant application was approved and executed on Aug. 24, 2012.
- Search yielded ~2 lbs marijuana, 136 g cocaine, $9,682, scale, a firearm, and indicia linking Romeo to the residence; three occupants (Romeo P., Romeo J., Valentino) were arrested.
- Trial court suppressed the evidence, holding the affidavit failed to establish CI reliability and a nexus between the house and contraband.
- Commonwealth appealed; the Superior Court majority vacated suppression (finding substantial evidence supported the magistrate’s probable-cause finding), while Judge Wecht dissented, arguing no nexus existed under precedent.
Issues
| Issue | Commonwealth's Argument | Gagliardis' (Defendants') Argument | Held |
|---|---|---|---|
| Whether affidavit established probable cause to search 2627 Emily St. | Controlled buys corroborated CI’s tip that Romeo lived at and sold from 2627 Emily; magistrate reasonably could infer contraband would be found there. | Affidavit lacked basis of CI’s knowledge and omitted facts tying street sales to storage/sales inside the home; street activity alone insufficient for a home search. | Vacated suppression: magistrate’s finding upheld — independent police corroboration of CI buys gave substantial evidence of a fair probability contraband was at the residence. |
| Whether CI was reliable enough to support probable cause | Independent, contemporaneous controlled buys corroborated significant parts of CI’s tip; CI’s past buys contributed to reliability. | Affidavit did not state how CI knew Romeo lived at that address or describe CI’s prior reliability in detail. | Court held CI reliability was adequately supported by police corroboration of the buys; trial court erred in discounting that corroboration. |
| Whether reviewing court should apply de novo review or give deference to magistrate | Magistrate’s probable-cause decision requires deference; appellate review asks whether substantial evidence supports issuing authority. | Trial court treated the question more stringently, effectively performing de novo analysis and requiring a stronger showing. | Majority: trial court misapplied the standard by failing to afford deference; review is whether substantial evidence supports the warrant. |
| Whether precedent (Kline/Way) invalidates warrant absent direct evidence of in-home storage | Commonwealth: Kline/Way distinguishable because here police observed two buys where Romeo left and returned to the house, supporting an inference the home was a base. | Defendants: Kline/Way control — street sales plus residence identification do not create the necessary nexus to search the house. | Majority: distinguished Kline/Way; facts here (two witnessed exits and returns plus corroboration) provided a substantial basis for a nexus. Dissent: would follow Kline/Way and affirm suppression. |
Key Cases Cited
- Commonwealth v. Gray, 503 A.2d 921 (Pa. 1986) (adopting Gates totality-of-the-circumstances test and instructing magistrates to make a common-sense probable-cause decision)
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (reviewing courts must defer to magistrate and ask whether substantial evidence supports issuance of a warrant)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances standard for informant-based probable cause)
- Commonwealth v. Kline, 335 A.2d 361 (Pa. Super. 1975) (street-level drug transactions plus knowledge of residence insufficient, by themselves, to establish nexus for a home search)