Commonwealth v. James
12 A.3d 388
Pa. Super. Ct.2010Background
- Police obtained a search warrant for Appellant James's residence on April 20, 2007, based on an affidavit including discarded-garbage evidence but lacking the exact garbage location.
- From the home, police recovered guns, soft body armor, and marijuana; James admitted sole possession.
- James moved to suppress the evidence and his statements on March 3, 2008, arguing the warrant lacked probable cause.
- Suppression hearings occurred March 6, 2008 and May 28, 2008; the court granted suppression May 28, 2008.
- Commonwealth sought reconsideration; trial court granted it June 30, 2008, then denied suppression on October 22, 2008.
- James pleaded guilty November 25, 2008, then appealed asserting (a) the suppression order’s modification was outside the 30-day limit, and (b) the court used extrinsic evidence in evaluating probable cause
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression order could be modified after 30 days | James argues modification after 30 days void | Commonwealth contends order remains interlocutory; modification permissible | Trial court had jurisdiction to modify |
| Whether the warrant was valid under the four corners rule | Affidavit lacked location of trash; extrinsic evidence should be excluded | Trash-pull evidence can be considered for overall probable cause | Court violated Pa.R.Crim.P. 203(D) by considering extrinsic testimony; remanded |
Key Cases Cited
- Commonwealth v. Padilla, 923 A.2d 1189 (Pa.Super.2007) (pretrial suppression orders treated as final for appeal; interlocutory for review)
- Commonwealth v. Knoeppel, 788 A.2d 404 (Pa.Super.2001) (final order rule; suppression appeal)
- Commonwealth v. Pridgen, 965 A.2d 1208 (Pa.Super.2009) (de novo standard for questions of law)
- Commonwealth v. Coleman, 830 A.2d 554 (Pa.2003) (probable cause reviewed within four corners of affidavit)
- Commonwealth v. Shaw, 383 A.2d 496 (Pa.1978) (salvaging warrants via illegal information discouraged)
- Commonwealth v. Ruey, 892 A.2d 802 (Pa.2006) (exclusion of evidence obtained in violation of Article I, §8)
- Commonwealth v. Hoffman, 532 A.2d 463 (Pa.Super.1987) (interlocutory nature of suppression orders; appellate rights)
- California v. Greenwood, 486 U.S. 35 (U.S. Supreme Court, 1988) (no reasonable expectation of privacy in discarded trash)
- Commonwealth v. Vaughan, 789 A.2d 261 (Pa.Super.2001) (extrinsic evidence and salvaging a deficient warrant)
- Commonwealth v. Perdue, 564 A.2d 489 (Pa.Super.1989) (trash-search privacy expectations)