218 Pa. Super. 316 | Pa. Super. Ct. | 1971
Opinion by
This is an appeal by Harry I. Bryner from a judgment of sentence imposed after a jury found him guilty on two charges of receiving stolen goods. He was tried with his son, Harry P. Bryner, who was found guilty on the same charges and on one charge of larceny and burglary. Demurrers to charges of burglary and larceny were sustained by the court as to this appellant. However, seeking a new trial or arrest of judgment, he contends that the only evidence upon which his conviction can be sustained was secured by a search of an automobile which was conducted without a search warrant and without probable cause.
Before the jury trial commenced at a hearing held on the motion to suppress the evidence which was later introduced at the trial, the following facts were developed. At about 1:20 a.m. on July 27, 1969, a 1961 Chevrolet convertible bearing Pennsylvania license plates, which was being driven by Harry P. Bryner and in
After the two defendants and the officers had moved away from this automobile, and the defendants were in the police cruiser, the officer, becoming suspicious, returned to the Chevrolet and conducted a search which revealed additional items which were alleged to have been stolen and which were introduced as such at the trial. The items first seen by the officer before the search were ruled to be inadmissible-at the trial.
The Commonwealth contends that the officer was jtistified in conducting the search without a warrant because all the circumstances amounted to probable cause. We disagree and find that the law as found in
There is no question of the good faith on the part of Officer Mullen in this case as to the arousal of his suspicions; but the testimony presented by the Commonwealth at the suppression hearing, in our opinion, did not overcome its burden to prove that it did not need to obtain a search warrant, particularly in view of the fact that Officer Mullen at the time of the arrests for The Vehicle Code violation had no definite knowledge that a burglary had been committed.
Judgment of sentence reversed, and defendant discharged.
No explanation was given by Officer Mullen for the legal basis for the arrest of appellant.
The vehicle was owned and registered in the name of someone other than the defendants. However, the Commonwealth does not 'contend that it was a stolen vehicle.