Commonwealth v. Micking
17 A.3d 924
| Pa. Super. Ct. | 2011Background
- Appellant Samuel Micking was convicted in nonjury trial of two counts each of carrying an unlicensed firearm and persons not to possess firearms.
- Police stopped Micking for a minor Motor Vehicle Code violation; he indicated his license was suspended and appeared highly nervous.
- Officer Tamulis conducted a protective weapons search of the interior after a live-stop and recovered two loaded firearms from the glove box, one with obliterated serial number.
- An inventory search followed, yielding no further contraband; guns were later tied to the car and the defendant, who had a prior firearm conviction, was arrested.
- The trial court denied suppression; a panel of the Superior Court reversed on the suppression issue; en banc review was granted.
- The court majority affirmed the convictions, holding the protective glove-box search was lawful; a dissenter would reverse on that point.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive possession of firearms | Micking did not have possession of weapons found in glove box. | Presence in car with weapons cannot prove possession. | Evidence sufficient to prove constructive possession. |
| Validity of protective weapons search of glove box | Search of glove box was unconstitutional without exit/patdown of appellant. | Long/Morris authorize protective search of areas where weapons may be placed. | Search upheld as reasonable under Long and Morris. |
| Suppression ruling | Suppression court erred in legal conclusions about the search. | Suppression court properly denied suppression based on reasonable suspicion. | Suppression denial affirmed; dissent would reverse on this issue. |
| Weight of the evidence | Verdict against weight/insufficiency challenges should be considered. | Weight claim is waived and repetitive of sufficiency issues. | Waived and repetitive; no reversal on weight. |
Key Cases Cited
- Commonwealth v. Gutierrez, 969 A.2d 584 (Pa. Super. 2009) (constructive possession can be established by circumstances)
- Commonwealth v. Morris, 537 Pa. 417 (1994) (protective searches of vehicle interiors during Terry-like stops upheld)
- Commonwealth v. Long, 463 U.S. 1032 (1983) (protective searches of vehicle passenger compartments permissible with articulable belief of danger)
- In re O.J., 958 A.2d 561 (Pa. Super. 2008) (protective weapons search of vehicle conducted after stop)
- United States v. Palmer, 360 F.3d 1243 (10th Cir. 2004) (protective search of glove box supported by danger theory)
- United States v. Holifield, 956 F.2d 665 (7th Cir. 1992) (support for protective searches including locked glove compartments)
- Commonwealth v. Boatwright, 308 Pa. Super. 41 (1982) (presence in car with weapon not sufficient for conviction)