Commonwealth v. Griffin
24 A.3d 1037
| Pa. Super. Ct. | 2011Background
- Griffin, a purported police officer, was stopped by a police officer for speeding; he produced an expired MPOETC card and claimed police credentials but did not hand over his badge.
- Investigating inconsistencies in Griffin's statements, officers learned Griffin was no longer employed as a Kingston, PA police officer and obtained information from Kingston P.D. corroborating termination and return of his badge.
- A Berks County arrest warrant was issued for Griffin for impersonating a public servant; officers later sought a search warrant for Griffin's 2003 Ford Crown Victoria.
- Griffin's vehicle was parked in a public lot, towed to a secure facility, and later subjected to a search warrant based on information from officers investigating the impersonation charge.
- A warrant was issued listing police identification, badges, and related paraphernalia as items to be seized; a firearm with ammunition was found in Griffin's vehicle, along with various cards and equipment.
- Griffin was charged in Luzerne County with firearms not to be carried without a license; he moved to suppress the vehicle seizure and the search warrant, which were denied, and he was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Griffin's vehicle seizure legal without a warrant? | Griffin: seizure was unlawful warrantless seizure. | Commonwealth: exigent circumstances/Holzer allow seizure. | Seizure upheld as constitutionally permissible. |
| Was the search warrant valid despite staleness concerns? | Griffin: information stale; invalid warrant. | Commonwealth: probable cause existed close in time to issuance; deference to magistrate. | Warrant valid; probable cause timely. |
Key Cases Cited
- Commonwealth v. McCree, 592 Pa. 238, 924 A.2d 621 (Pa. 2007) (adopts limited automobile exception under Article I, §8; exigent circumstances permitted otherwise)
- Commonwealth v. Casanova, 748 A.2d 207 (Pa. Super. 2000) (automobile exception limited; exigent circumstances considered)
- Commonwealth v. Holzer, 480 Pa. 93, 389 A.2d 101 (Pa. 1978) (seizure of mobile vehicle post-arrest permissible; reduced privacy interest in autos)
- Commonwealth v. Stewart, 740 A.2d 712 (Pa. Super. 1999) (probable cause and fourth amendment analyses in suppression review)
- Commonwealth v. Stamps, 493 Pa. 530, 427 A.2d 141 (Pa. 1981) (probable cause must exist at time of warrant issuance; close temporal proximity required)
- Commonwealth v. Woods, 404 Pa. Super. 432, 590 A.2d 1311 (Pa. Super. 1991) (deference to issuing authority's probable cause determination)