Commonwealth v. Harlan
208 A.3d 497
| Pa. Super. Ct. | 2019Background
- Police Detective Anthony Martelle applied for and executed a search warrant for 1963 Cider Press Road, Manheim, on June 8, 2017; warrant sought evidence of marijuana grow operation.
- Affidavit relied on: (1) a confidential informant (CI) who said resident David Brandt grows 15–20 marijuana plants and had been told this by another resident; (2) a concerned citizen who independently identified Brandt and said he grows/sells marijuana; (3) surveillance noting obstructed front windows; (4) PPL electrical records showing daily 12-hour spikes over March–May 2017; and (5) Brandt’s prior felony drug convictions.
- Magistrate issued the warrant; police executed it and found property belonging to appellant Jeremy Harlan, who lived with Brandt; Harlan was Mirandized and made a statement.
- Harlan moved to suppress, arguing the affidavit was fatally defective due to anonymous hearsay, double-hearsay, lack of reliability, no timeline for when informants learned information (staleness), and insufficient independent corroboration.
- The suppression court denied the motion after concluding the affidavit’s totality—CI and concerned citizen corroborating each other plus surveillance and electricity evidence—provided probable cause. Harlan was convicted after a bench trial and sentenced; he appealed pro se.
Issues
| Issue | Plaintiff's Argument (Harlan) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Sufficiency of affidavit to establish probable cause for search warrant | Affidavit rests on anonymous hearsay and double-hearsay, no demonstrated reliability, no timeframe, and inadequate corroboration — warrant invalid | Hearsay may support probable cause if reliable; CI and concerned citizen corroborated each other and independent police investigation (surveillance, electric records) corroborated tips | Warrant valid; totality of circumstances supplied a fair probability contraband would be found; suppression denial affirmed |
| Staleness of information | Information not temporally grounded; present-tense phrasing insufficient given anonymous sources | Information described ongoing conduct (daily electric spikes) and present-tense statements support contemporaneity | Information was sufficiently current when viewed with corroborating evidence |
| Reliance on double-hearsay and unnamed sources | Double-hearsay and unnamed informants render allegations untrustworthy absent prior reliability | Uncorroborated hearsay can form basis if affidavit supplies circumstances supporting credibility; here corroboration existed | Double-hearsay did not fatally undermine probable cause given corroboration by investigation and independent source |
| Weight of corroborative evidence (surveillance, electric usage, criminal record) | Independent investigation was insufficient to corroborate anonymous tips | Surveillance (obstructed windows), electrical spikes consistent with grow operations, and Brandt’s prior convictions reinforced probable cause | Corroborative evidence gave issuing magistrate substantial basis to find probable cause |
Key Cases Cited
- Commonwealth v. Freeman, 150 A.3d 32 (Pa. Super. 2016) (standard of review for suppression denial—factual findings binding, legal conclusions reviewed de novo)
- Commonwealth v. Arthur, 62 A.3d 424 (Pa. Super. 2013) (totality-of-circumstances test for probable cause under Gates/Gray)
- Commonwealth v. Wallace, 42 A.3d 1040 (Pa. 2012) (insufficient police corroboration can defeat hearsay-based affidavit)
- Commonwealth v. Huntington, 924 A.2d 1252 (Pa. Super. 2007) (hearsay may support a search warrant if affidavit provides sufficient indicia of reliability)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for probable cause in affidavits)
- Commonwealth v. Torres, 764 A.2d 532 (Pa. 2001) (uncorroborated unidentified informant may suffice if affidavit shows circumstances supporting credibility)
- Commonwealth v. Clark, 28 A.3d 1284 (Pa. Super. 2011) (magistrate’s practical, common-sense assessment regarding fair probability required)
- Commonwealth v. Singleton, 603 A.2d 1072 (Pa. Super. 1992) (independent sources corroborating informant strengthen probable cause)