Commonwealth v. Liddie
21 A.3d 229
| Pa. Super. Ct. | 2011Background
- Police stop Liddie for speeding on a public street in Philadelphia; odor of raw marijuana observed after approach.
- Officer observed marijuana on top of an open duffle bag inside the Tahoe and removed it from the vehicle.
- Upon removing marijuana, Officer Orth observed what he believed to be cocaine in plain view within the open duffle bag.
- Duffle bag transported to the station; cocaine and drug paraphernalia were seized; marijuana was already seized in plain view.
- Liddie moved to suppress the cocaine and paraphernalia; trial court denied suppression of marijuana but granted suppression of cocaine and paraphernalia.
- An en banc Commonwealth appeal argued the plain-view seizure was permitted without exigent circumstances; the issue focused on Pennsylvania’s limited automobile exception and plain-view doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plain view seizure of cocaine observed in a vehicle without a warrant is lawful. | Commonwealth argues plain view with no advance notice fits Horton and McCree limits. | Liddie contends there were no exigent circumstances supporting warrantless seizure. | Yes; seizure permissible under plain view and limited automobile exception. |
| Whether officers had a lawful vantage point and lawful access to seize the cocaine. | Commonwealth contends officer viewed from a lawful vantage and had access without a warrant. | Liddie argues the seizure was unlawful absent exigent circumstances. | Yes; all three Horton prongs satisfied; lawful vantage, incriminating nature apparent, and lawful access. |
Key Cases Cited
- Horton v. California, 496 U.S. 128 (1990) (plain view requires lawful vantage, incriminating nature, and access)
- Commonwealth v. McCullum, 602 A.2d 313 (Pa. 1992) (plain view and related factors in Pennsylvania context)
- Commonwealth v. Graham, 721 A.2d 1075 (Pa. 1998) (post-Horton framework in Pennsylvania plain view analysis)
- Commonwealth v. Turner, 982 A.2d 90 (Pa.Super.2009) (clarifies Horton-based plain view and access within PA context)
- Commonwealth v. McCree, 798 A.2d 697 (Pa.2002) (discusses limited automobile exception and its contours)