Commonwealth v. Grahame
607 Pa. 389
| Pa. | 2010Background
- Philadelphia drug task force conducted a controlled crack sale at 126 North Salford Street; D.W., a male juvenile, sold drugs and was arrested exiting the house.
- Virginia, D.W.'s mother, consented to a search of the residence by signing a consent form.
- Officer Russell entered the home, found Grahame seated with a purse, and searched the purse without further questioning.
- The purse contained a baggie of marijuana, drug packaging materials, Grahame's pay stub listing the address, a key to the residence, and $900 in cash.
- Grahame moved to suppress, arguing Virginia lacked authority to consent and the purse search violated Fourth Amendment and Article I, §8.
- Superior Court affirmed, holding Virginia had apparent authority to consent and upholding the purse search as a protective weapon search based on a guns-then-drugs rationale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Superior Court properly allowed a Terry protective search for weapons. | Grahame: no individualized basis; no Terry justification. | Grahame: Commonwealth contends a guns-follow-drugs presumption supports the search. | Presumption rejected; search suppressed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (established stop-and-frisk with reasonable suspicion for weapons)
- Ybarra v. Illinois, 444 U.S. 85 (1979) (cannot frisk everyone present during a narcotics search; proximity alone insufficient)
- Michigan v. Long, 463 U.S. 1032 (1983) (protective searches may extend to vehicle compartments with articulable danger)
- Zhahir, 561 Pa. 545 (2000) (rejects guns-follow-drugs as a standalone basis; upholds totality-of-circumstances)
- Commonwealth v. Chase, 599 Pa. 80 (2008) (Terry standard applied under Pennsylvania law)
- Commonwealth v. Rodriguez, 532 Pa. 62 (1992) (do not lower reasonable suspicion standard to aid drug war)
- In the Interest of D.M., 566 Pa. 445 (2001) (high crime area alone not enough for stop; totality matters)
- Commonwealth v. Reece, 437 Pa. 422 (1970) (no reasonable suspicion where no threat indicated)
- Commonwealth v. Davidson, 389 Pa. Super. 166 (1989) (protective purse search not justified by mere proximity to drugs)
- Maryland v. Buie, 494 U.S. 325 (1990) (limits protective sweeps; individualized suspicion required)