Search & Seizure

Commonwealth v. Stilo, 2016 PA Super 91

Posted in PA Superior Court Cases,Pretrial Motions,Search & Seizure,Suppression Motions on May 17, 2016

  Stilo appealed the denial of his motion to suppress physical evidence. A narcotics officer received a complaint about drug activity at the house in question, and determined that the owner had been previously arrested for narcotics offenses. After setting up surveillance in the afternoon, he observed Stilo arrive, park, and enter the property’s basement…. read more

Commonwealth v. Slattery, 2016 PA Super 99

Posted in Admission of Evidence,PA Superior Court Cases,Pretrial Motions,Search & Seizure,Suppression Motions on May 13, 2016

Slattery was convicted of driving with a suspended license and failing to signal. The arresting trooper pulled him over because he did not use a turn signal for at least 100 prior to changing lanes. Turns out you don’t have to do that. 75 Pa.C.S. §3343, dealing with signaling, does not have a requirement of… read more

Commonwealth v. Haslam, 2016 PA Super 97

Posted in Admission of Evidence,PA Superior Court Cases,Pretrial Motions,Search & Seizure,Suppression Motions on May 9, 2016

  Haslam was convicted of various charges for dealing drugs. His appeal challenged the lower court’s denial of his motion to suppress. Parole agents went to the home to speak with Haslam’s parolee father about neighborhood complaints concerning the property. The complaints were about traffic to the house and suspicion of guns and drugs inside…. read more

United States v. Vasquez-Algarin, No. 15-1941

Posted in Admission of Evidence,Pretrial Motions,Search & Seizure,Suppression Motions,Third Circuit Cases on May 2, 2016

Law enforcement were looking for a homicide suspect (not Vasquez-Algarin; there was no evidence of record that the suspect and Vasquez-Algarin were associated in any way). A Deputy US Marshal received some tips that the suspect was living at an address in Harrisburg. Law enforcement obtained an arrest warrant and went to the location. After… read more

Commonwealth v. Rapak, 2016 PA Super 94

Posted in Commonwealth Appeals,PA Superior Court Cases,Search & Seizure,Suppression Motions on April 28, 2016

  This was a Commonwealth appeal of an order suppressing evidence. The trial court held that the four corners of warrant at issue did not establish probable cause. The Superior Court reversed. The affidavit contained sufficient allegations to support a finding of probable cause: specifically, marijuana plants were located in a difficult to access location… read more

United States v. Jamil Murray, No. 15-2054

Posted in Admission of Evidence,Search & Seizure,Suppression Motions,Third Circuit Cases on April 28, 2016

  The district court denied Murray’s motion to suppress and he entered a conditional guilty plea reserving his right to challenge the suppression ruling. The Third Circuit affirmed. Police were investigating prostitution along Route 1 in Bensalem. A hotel owner gave them a tip about a green Cadillac being involved in prostitution. Later, a woman… read more

Commonwealth v. Sodomsky, 2016 PA Super 84

Posted in Commonwealth Appeals,En Banc Appeals,Search & Seizure,Suppression Motions on April 12, 2016

The trial court in three separate instances granted Sodomsky’s motion to suppress child pornography found on his computer by a Circuit City technician and police. The technician found one file and called police, who came to the store and watched the technician play the video. Based on the plain sight exception to the warrant requirement,… read more

Commonwealth v. Romero & Castro, 2016 PA Super 87

Posted in Commonwealth Appeals,Search & Seizure,Suppression Motions on April 11, 2016

This was a Commonwealth appeal of an order granting suppression. Appellees were married and shared a home. Husband’s brother absconded from a halfway house. Parole agents determined that his most likely residence was Appellants’ home. After obtaining an arrest warrant, a fugitive team went to Appellees’ home, stated who they were looking for, and were… read more