Commonwealth v. Galendez
27 A.3d 1042
| Pa. Super. Ct. | 2011Background
- Officer Johnson observed Galendez on Oct. 25, 2006, knowing he had a scofflaw warrant and was wanted for questioning in a carjacking.
- Galendez was arrested in a barber shop after Johnson and others entered; a loaded handgun was found during a subsequent search.
- Galendez moved to suppress the gun as obtained from a warrantless arrest; the suppression court denied.
- The suppression ruling relied on Johnson’s testimony that Galendez had an outstanding warrant and was wanted for questioning.
- Two days after sentencing, the trial court imposed a random-search condition on Galendez’s residence as part of probation/parole, without Galendez or counsel present.
- The appellate court vacated the probation search condition and the parole condition, and remanded for proceedings consistent with the memorandum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for warrantless arrest | Galendez argues no probable cause; warrant validity not shown. | Commonwealth contends officer had knowledge of warrant and questioning that justified arrest. | Probable cause existed sufficient to arrest without a warrant. |
| Post-sentence probation search condition | Condition imposed after sentencing without notice violated presence/counsel rights. | Condition was valid as a probation requirement. | Probation search condition vacated as illegal. |
| Parole residential search condition | Condition authorized by court to aid probation/parole. | Parole condition permissible under sentence. | Parole condition void as a legal nullity; vacated. |
Key Cases Cited
- Commonwealth v. Reppert, 814 A.2d 1196 (Pa. Super. 2002) (standard for suppression reviews)
- Commonwealth v. Elmobdy, 823 A.2d 180 (Pa. Super. 2003) (credibility and weight at suppression hearing)
- Commonwealth v. Benton, 655 A.2d 1030 (Pa. Super. 1995) (suppression court credibility ruling)
- Commonwealth v. Culp, 548 A.2d 578 (Pa. Super. 1988) (Commonwealth burden at suppression)
- Commonwealth v. Williams, 941 A.2d 14 (Pa. Super. 2008) (totality-of-circumstances for probable cause)
- Commonwealth v. Dommel, 885 A.2d 998 (Pa. Super. 2005) (probable cause: everyday life considerations)
- Commonwealth v. Rodriguez, 585 A.2d 988 (Pa. 1991) (probable cause defined by facts known to officer)
- Commonwealth v. Cook, 735 A.2d 673 (Pa. 1999) (proof burden in suppression context)
- Commonwealth v. Alexander, 16 A.3d 1152 (Pa. Super. 2011) (probation searches require reasonable suspicion)
- Commonwealth v. Wilson, 11 A.3d 519 (Pa. Super. 2010) (parole conditions and authority limits)