Commonwealth v. Hawkins
45 A.3d 1123
| Pa. Super. Ct. | 2012Background
- Controlled buy from 829 Maple Street; CI buys crack cocaine from Hawkins, who lived in downstairs apartment.
- A search warrant was obtained and executed; cocaine and other items were found in Hawkins's residence and basement.
- Evidence found included crack cocaine in a sock, a loaded firearm in a bag, scales, and marijuana residue.
- Basement accessible to other tenants; Hawkins could access basement from his unit within 10-15 seconds.
- Hawkins was charged with multiple drug and firearm offenses; suppression motion to exclude evidence denied; jury convicted on all counts; aggregate sentence 7.5 to 23 years.
- On appeal, Hawkins challenges suppression ruling and the firearm proximity to drugs for mandatory minimum under 9712.1(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for warrant: sufficiency of affidavit | CI reliability not shown | Affidavit lacks CI credibility details | Affidavit supports probable cause |
| Close proximity of firearm to drugs for 9712.1(a) | Handgun not near drugs; not within reach | Firearm in same residence and accessible; within close proximity | Close proximity established; mandatory minimum applies |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (Supreme Court (1983)) (totality of the circumstances test for probable cause)
- Commonwealth v. Gray, 509 Pa. 476 (Pa. Supreme Court (1985)) (adopts Gates totality approach in PA)
- Commonwealth v. Gindlesperger, 560 Pa. 222 (Pa. 1999) (review for substantial evidence supports warrant issuance)
- Commonwealth v. Dean, 693 A.2d 1360 (Pa. Super. 1997) (probable cause corroborated by controlled buy under Dean)
- Commonwealth v. Zortman, 23 A.3d 519 (Pa. 2011) (close proximity extends beyond single room; handgun nearby drugs in same residence)
- Commonwealth v. Sanes, 955 A.2d 369 (Pa. Super. 2008) (close proximity analysis for 9712.1 where firearm near drugs)