Com. v. Quiles

• Decision Date: 04 January 1993
• Citation: 619 A.2d 291,422 Pa.Super. 153
• Parties: COMMONWEALTH of Pennsylvania, Appellant, v. George R. QUILES, Appellee.
• Court: Pennsylvania Superior Court

Page 291

619 A.2d 291

422 Pa.Super. 153

COMMONWEALTH of Pennsylvania, Appellant, v. George R. QUILES, Appellee.

Superior Court of Pennsylvania.

Argued May. 1, 1992.

Filed Jan. 4, 1993.

Karen L. Grigsby,Dist. Atty. Philadelphia for Comn., Appellant.

Marc Neff, Philadelphia, for appellee.

Before ROWLEY, President Judge, and WIEAND, MCEWEN, DEL SOLE, MONTEMURO, ¹ BECK, TAMILIA, KELLY and JOHNSON, JJ.

KELLY, Judge:

In this opinion we are called upon to determine, inter alia, whether and to what extent law enforcement authorities must inquire as to an individual's actual authority to consent to police entry into a dwelling. We conclude that law enforcement authorities need not question an individual as to his or her actual authority to consent, once that individual has consented to an entry of the premises. Accordingly, we reverse the suppression order and remand the instant matter to the trial court for proceedings consistent with this opinion.

I. STANDARD OF REVIEW

When reviewing the Commonwealth's appeal from an adverse decision of the suppression court, we must consider "only the evidence of the defendant's witnesses and so much of the evidence for the prosecution as read in the context of the record as a whole remains uncontradicted." Commonwealth v. Smith, 396 Pa.Super. 6, 8, 577 A.2d 1387, 1388 (1990). When the evidence supports the trial court's findings of fact, we may reverse only when the legal conclusions drawn from these facts are erroneous. Id. It is the sole province of the suppression court, as finder of fact, to weigh the credibility of the witnesses. Id. Thus, the fact finder is free to believe all, part or none of a witnesses' testimony.

II. FACTS AND PROCEDURAL HISTORY

The only witness to testify at the suppression hearing was Police Officer John Sharkey. From this testimony, the suppression court made the following findings of fact which, finding them to have support in the record, we adopt for purposes of this appeal.

1. That on September 7, 1989 [sic], Police Officer Sharkey received information from a confidential informant that an Hispanic male known as Juan was engaging in the sale of narcotics from the location of 2922 North Franklin Street.

2. That on August 24, 1988, Officer Sharkey was present at 2922 North Franklin Street when a search was conducted of said premises which revealed narcotics and other drug paraphernalia.

3. That on September 7, 1988, Police Officer Perez, in plain clothes, went to the location of 2922 North Franklin Street in an effort to purchase cocaine.

4. That Police Officer Perez was told by an Hispanic male to go to the corner outside the location to purchase a quarter ounce of cocaine because, as the Hispanic male indicated to him, he did not have any quarter ounces left and could not complete the transaction.

5. That as a result of said information, Police Officer Sharkey, as the affiant, obtained Search and Seizure Warrant Number 64950 on September 7, 1988, to search the premises at 2922 North Franklin Street.

6. That on that same day at approximately 5:30 p.m., Police Officer Sharkey in the company of other police officers went to 2922 North Franklin Street to execute the search and seizure warrant he had obtained.

7. That Police Officer Sharkey knocked on the door, received no response after approximately one to two minutes and then forcibly entered said premises and conducted the search pursuant to the search and seizure warrant.

8. That said search revealed drug paraphernalia as well as narcotics and approximately $145.00 in U.S. currency.

9. That Police Officer Sharkey returned to his police district to process said search and seizure warrant and received a phone call from a confidential informant who stated that Juan was back at the location of 2922 North Franklin Street.

10. That at approximately 7:30 p.m., Police Officer Sharkey, along with other officers, proceeded to 2922 North Franklin Street with the intent of arresting Juan. The police officers were not in possession of an arrest warrant at that time.

11. That Police Officer Sharkey knocked on the door, and was advised by an unknown female to enter. Whereupon he did enter and subsequently the defendant was arrested. Following his arrest, certain physical evidence was taken from his person.

Trial Court Opinion of 11/2/89 at 1-3. Because the suppression court found Officer Sharkey to be credible with regard to the issue of consent, see N.T. July 6, 1989 at 11-12, we note the following uncontradicted evidence. ² Upon entering the premises the second time and announcing their identity, Officer Sharkey and a fellow officer observed a male run up a flight of stairs. The officers gave chase, following the male into the front bedroom, and observed him discard a black leather pouch which proved to contain cocaine. The male, later identified as appellee, George Quiles, was thereupon arrested and charged with possession of and possession with intent to deliver a controlled substance, and conspiracy.

From the foregoing facts, the suppression court found that although the initial search of the residence, supported by a valid search warrant was proper, the subsequent entry into the premises was unlawful. Accordingly, the court concluded that any evidence seized as a result of this entry must necessarily be suppressed and that therefore, appellee's arrest was unlawful. Particularly relevant to the instant appeal, the court held that the entry into the home could not be supported by consent as "there was no evidence which established announcement of purpose," and "there was no evidence to determine or that the police inquired to determine, the authority of the female to consent to their entry when police believed the house was owned by a male." Trial Court Opinion of November 2, 1989 at 7-8.

Subsequent to a timely appeal by the Commonwealth and a determination of the issues by a panel of this Court, a timely petition for en banc consideration was granted on October 3, 1991.

On appeal, the Commonwealth raises the following issues for our consideration.

1. DID THE LOWER COURT ERR IN SUPPRESSING ALMOST $4000 WORTH OF COCAINE DISCARDED BY DEFENDANT IN A POLICE

OFFICER'S PRESENCE WHEN, AFTER THE OFFICER KNOCKED AT DEFENDANT'S HOUSE, ANOTHER RESIDENT OF THE HOUSE GAVE POLICE CONSENT TO ENTER AND DEFENDANT, UPON SEEING THE OFFICERS, THREW DOWN THE DRUGS?

2. DID THE LOWER COURT ERR IN SUPPRESSING ALMOST $4,000 WORTH OF COCAINE SEIZED PURSUANT TO A WARRANTLESS ARREST OF DEFENDANT IN HIS HOUSE, WHERE THERE WERE EXIGENT CIRCUMSTANCES EXCUSING THE WARRANT REQUIREMENT?

3. DID POLICE HAVE PROBABLE CAUSE TO ARREST DEFENDANT?

Commonwealth's Brief at 3.

III. CONSENT TO ENTER THE PREMISES

Initially, the Commonwealth contends that the trial court erred in concluding that the officers did not have lawful consent to enter the home. Specifically, the Commonwealth argues that, having recovered evidence in the previous search suggesting that a Leslie Rodriquez lived at the residence, it was reasonable for the officers to conclude that the female voice stating "come in" following the officers' knock, was that of Leslie Rodriquez, one who, as a resident of the premises, possessed authority to consent to the entry of the home. Moreover, the Commonwealth contends that the trial court erred in concluding that the officers were required to announce their identity and purpose prior to their entry. Because entry was consensual, the Commonwealth concludes that announcement of identity of purpose was unnecessary pursuant toCommonwealth v. Morgan, 517 Pa. 93, 534 A.2d 1054 (1987). We agree.

In Commonwealth v. Morgan, supra, law enforcement authorities, armed with a search warrant, approached the residence of Joseph Morgan. Two detectives, not in uniform, knocked on the screen door, the inner door being open. Morgan responded, "Who is it?" One of the detectives, observing Morgan inside, exclaimed "Joe," to which Morgan responded, "Come on in." The two detectives, joined by other officers, entered the home, identified themselves and read the search warrant to Morgan. The subsequent search uncovered a large quantity of narcotics, drug paraphernalia and currency. Morgan's motion to suppress was denied and he was convicted of drug related offenses. The trial court granted his Motion for a new trial, finding that the officers who executed the search warrant had violated Pa.R.Crim.P. 2007, the "knock and announce" rule. The trial court specifically found that Morgan had not lawfully consented to the officers' entry because knowing and voluntary consent could not be given absent identity of the party seeking entry and that party's purpose for entering. On appeal, a divided panel of this Court affirmed. Commonwealth v. Morgan, 353 Pa.Super. 463, 510 A.2d 754 (1986). Our Supreme Court granted the Commonwealth's petition for allocatur. 514 Pa. 629, 522 A.2d 558 (1987).

Our Supreme Court began its analysis by recognizing that "as a matter of law, appellee's statement, 'come on in,' cannot be construed as anything other than consent." Commonwealth v. Morgan, supra, 517 Pa. at 96, 534 A.2d at 1056. The Court then concluded that no violation of Rule 2007 could occur when the officers were invited by Morgan to enter the premises "in spite of the fact that Mr. Morgan did not know who the officers were or why the officers were there." Id. at 97, 534 A.2d at 1057. The Court instructed that,

An announcement of purpose prior to entry under these circumstances to afford appellee the opportunity to surrender the premises peacefully would have been a "futile gesture" inasmuch as appellee had already surrendered the premises by his consent.

Id. (emphasis in original).

Instantly, the officers likewise reacted to an open invitation to "come on in." As our Supreme Court has made clear where an individual extends an open invitation to visitors to enter his or her home, it is immaterial that he or she does not know the visitors to be law...