238 Pa. Super. 427 | Pa. Super. Ct. | 1976
Opinion by
Appeal is taken to this Court from an Order of April 80, 1975, wherein Judge Doty denied appellant Wellington’s
Appellant now asks for reversal of the Order denying him trial in Common Pleas Court and for a new trial. His argument is grounded upon a charge that his Fourth Amendment freedom from unlawful search and seizure was violated for lack of probable cause to arrest. He therefore urges upon us the conclusion that the products of this allegedly invalid search and seizure should have been suppressed, and so he argued at trial but his claim was denied. The question is preserved properly for consideration of the Constitutional question as appeal is taken from denial of writ of certiorari to a lower court. See Philadelphia v. Dortort, 205 Pa. Superior Ct. 211, 208 A.2d 797 (1965).
“The basic purpose of this [Fourth] Amendment, as recognized in countless decisions of this Court, is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials.” Camara v. Municipal Court, 387 U. S. 523, 528, 87 S.Ct. 1727, 18 L.Ed.2d 930 (1967). This states the basic rule from which countless cases have gone forth as to what is an unlawful and arbitrary as opposed to a permissive invasion into one’s privacy by government officials. We are now called upon to make such definition for a prisoner in custody. Because of the custodial aspect present in this problem of first impression, we first must consider
While we are not faced herein with a due process question, we do recognize that custodial control and prison security cannot be excuses for overzealous conduct which deprives prisoners of basic freedoms. It is a difficult balance to maintain between protection of an individual’s freedoms and the societal need for secure prisons. Because of the prison officials’ discretionary powers in the maintenance of discipline, the Constitutional freedom of prisoners is curtailed to a degree. In considering to what degree they are curtailed we adopt the pronouncements of the federal courts on this subject, direct precedent in our Courts being unavailable. We therefore hold that the Fourth Amendment’s freedoms are justifiably limited, in the prison environment, to the extent that officials may search prisoners and seize contraband or evidence
We have in the instant case one search of a delineated group of twelve individuals who had shared the same cell made upon a complaint by one of their number. Crime was alleged; and there was good reason for the Philadelphia Police (who in this case were also the jail custodians) to believe that crime was afoot. For a police department’s hands to be tied and actions restricted in such a case would be outside the realm of reason. Proper prison discipline calls for prompt action when crime is committed in the jail. There was no abuse of discretion and certainly no harassment. Therefore, we hold that the search of appellant was reasonable and lawful. This subsequent arrest was proper and with probable cause. In his situation the prisoner, appellant, does not have available to him the full reach and panoply of Constitutionally-guaranteed rights because reasonable custodial needs of the prison have intervened to the degree herein accepted.
Order affirmed.
Jacobs, Hoffman, and Spaeth, JJ., concur in the result.
. The trial transcript spells the name Wallington.
. Appellant’s Petition for Writ of Certiorari refers to the jurisdictional procedure provided by Philadelphia General Court Regulation 73-8.
. A violation of the Crimes Code, 18 Pa. C.S. §3925.