Com. v. $16,208.38 U.S. Currency Seized from Holt

• Decision Date: 08 December 1993
• Citation: 160 Pa.Cmwlth. 440,635 A.2d 233
• Parties: COMMONWEALTH of Pennsylvania v. $16,208.38 U.S. CURRENCY SEIZED FROM Issac HOLT a/k/a Isiah Holt Appeal of Isiah HOLT, Appellant.
• Court: Pennsylvania Commonwealth Court

Page 233

635 A.2d 233

160 Pa.Cmwlth. 440

COMMONWEALTH of Pennsylvania v. $16,208.38 U.S. CURRENCY SEIZED FROM Issac HOLT a/k/a Isiah Holt Appeal of Isiah HOLT, Appellant.

Commonwealth Court of Pennsylvania.

Argued May 11, 1993.

Decided Dec. 8, 1993.

Stephen K. Urbanski, for appellant.

Peter J. Gardner, Asst. Dist. Atty., for appellee.

Before COLINS and McGINLEY, JJ., and SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

Isiah Holt (Holt) appeals from an opinion and order of the Court of Common Pleas of Philadelphia County (trial court) which granted the Commonwealth of Pennsylvania's (Commonwealth) petition for forfeiture of property, listed on property receipt No. 274811 (United States currency totaling $16,208.38), pursuant to 42 Pa.C.S. §§ 6801-6802, commonly known as the Controlled Substances Forfeiture Act (Act), and transferred the same to the Philadelphia District Attorney's Office. We affirm.

The facts giving rise to this forfeiture proceeding are as follows. On May 22, 1990, undercover Philadelphia Police Officer Mary Willis (Officer Willis), in response to numerous complaints that an individual named "Mickey" was selling drugs from his residence at 1215 Christian Street, set up a surveillance of the home. In so doing, Officer Willis observed people walking up to the house, staying a short while, and then leaving. Based upon her observations, Officer Willis went up to the house, at approximately 3:05 p.m., in order to make a controlled purchase of drugs using prerecorded currency. On the steps leading up to the house, Officer Willis encountered an individual, later identified as Louis Duncan (Duncan), age 14. Officer Willis asked Duncan if "Mickey" was home and he replied "[N]o". As Officer Willis turned to leave, Holt, who was washing his car nearby, identified himself as "Mickey" and asked what she wanted. Officer Willis responded that she "wanted to get one." As a result of Officer Willis's reply, Holt directed Duncan to enter the house to get "one." Duncan did as instructed and upon his return handed a clear plastic ziplock bag containing 1.22 grams of marijuana ¹ to Officer Willis in exchange for two prerecorded five dollar bills.

Officer Willis, after concluding the purchase of the marijuana, left the premises at approximately 3:20 p.m. Officer Willis then notified her back up unit by radio describing what had occurred regarding the purchase including physical descriptions of both Holt and Duncan. The backup unit, which consisted of Lieutenant Joseph DiLacqua, Detectives Charles Myers and Robert Tames, and Officer Marvin Young, proceeded to the house to arrest the individuals involved in the sale of the drugs. Upon their arrival, at approximately 3:30 p.m., the back up unit observed Duncan standing in the doorway of the house. Detective Myers identified himself to Duncan who turned and fled into the house. Detective Myers gave chase and apprehended Duncan approximately six to eight feet within the house. Once inside the house, Detective Myers observed, in plain view on a nearby table in the center of the front room of the house, a large clear plastic bag containing 32 small ziplock plastic bags of marijuana. Duncan stated that the marijuana did not belong to him and informed the police where they could find more marijuana hidden in the house. Duncan was arrested at this point. Lieutenant DiLacqua contacted Officer Willis by radio and told her to secure a search warrant for the house. After conducting a cursory safety check of the house, ² the police secured the premises pending the issuance of the search warrant and waited for Holt who was not home when the police entered his house. No search for evidence was conducted at this time.

Holt returned to the house at approximately 4:30 p.m. and was arrested at that time. Both Holt and Duncan were detained at the house pending the arrival of the search warrant. At approximately 6:18 p.m., the police at the house were informed that the application for a search warrant had been approved and signed. The police thereafter commenced to search the house for evidence. As a result of their search, the police recovered various items, ³ including $16,208.38 in currency. The police seized the items found in the house. ⁴

On May 31, 1990, the Commonwealth filed a petition for forfeiture of property seeking the forfeiture of the $16,208.38 in currency as the proceeds from the sale of controlled substances. On July 5, 1990, Holt filed an answer ⁵ to the Commonwealth's petition asserting that the cash in question was not proceeds from the sale of drugs and sought return of the money. A hearing was held before the trial court on September 10, 1991. At the outset of the hearing, counsel for Holt made an oral motion for the suppression of all evidence seized during the search of Holt's house. At the conclusion of the testimony regarding the suppression motion, the trial court denied the motion and ruled on the merits of the case based upon the testimony elicited up to that point. The trial court thereafter denied Holt's petition for return and granted the Commonwealth's petition for forfeiture directing that the money be transferred to the Philadelphia District Attorney's Office. ⁶ Holt filed this appeal. ⁷

Holt raises several issues on appeal to this Court. ⁸ Holt first asserts that the decision of the trial court to forfeit the money was contrary to the weight of the evidence presented at the hearing. Holt next asserts that the trial court erred in not granting his motion to suppress all evidence seized from his house. Since our disposition of the second issue could affect the necessity of our review of the first issue, we will address the issues in the reverse order in which they were raised. ⁹

Suppression Motion

Holt asserts that, by entering his house without an arrest or search warrant, in the absence of exigent circumstances, the police violated his rights under both the Pennsylvania and United States Constitutions regarding searches and seizures. Holt asserts that the police improperly created exigent circumstances by their actions and that such manufactured circumstances cannot serve as the basis of a warrantless search. See Commonwealth v. Rispo, 338 Pa.Superior Ct. 225, 487 A.2d 937 (1985). It is important to note that Holt does not contest the validity of the search warrant which was eventually issued, but instead asserts the police improperly engaged in a search of his home prior to the issuance of the warrant.

Although Holt and Duncan testified that the police searched the house prior to the issuance of the warrant, the police testified to the contrary. Lieutenant DiLacqua and Detectives Myers and Tames all testified that they entered Holt's house at approximately 3:30 p.m. in pursuit of a fleeing Duncan whom they had intended to arrest for his participation in the sale of marijuana to Officer Willis. Once inside the house, they arrested Duncan and observed in plain view several packets of marijuana at which time they then requested a search warrant. After conducting a cursory safety check of the house for the presence of other individuals which might post a threat to them, they secured the premises pending the issuance of the search warrant. No search of the house for evidence was conducted until after they had learned that the warrant had in fact been issued at approximately 6:18 p.m.

On appeal we must determine whether the record supports the factual findings of the suppression court, as well as determine the reasonability of any inferences and legal conclusions drawn from the court's findings of fact. Commonwealth v. Eliff, 300 Pa.Superior Ct. 423, 446 A.2d 927 (1982). Where the suppression court's findings are amply supported by the record, they may not be disturbed on appeal. Id. In considering whether the record supports the court's findings of fact, we must restrict ourselves to reviewing the evidence presented by the Commonwealth, ¹⁰ and so much of the evidence for the defense as, fairly read in the context of the record as a whole, remains uncontradicted. Id. It is important to note that it is the exclusive province of the suppression court to determine the credibility of witnesses and the weight to be accorded their testimony. Commonwealth v. Mason, 415 Pa.Superior Ct. 22, 608 A.2d 506 (1992) appeal granted, 533 Pa. 608, 618 A.2d 399 (1992); Commonwealth v. 1985 Cadillac Seville, 371 Pa.Superior Ct. 390, 538 A.2d 71 (1988); Commonwealth v. $15,836.85--Cash, 354 Pa.Superior Ct. 279, 511 A.2d 871 (1986).

The trial court determined that the matter was one of credibility and accepted the testimony of the police that no search for evidence was performed until after they were advised of the issuance of the search warrant. Accordingly, the trial court did not err in not granting Holt's motion to suppress the evidence seized from his house.

Forfeiture Petition

In all forfeiture proceedings regarding the possible forfeiture of money, the Commonwealth bears the initial burden of establishing either 1) that the money was furnished or intended to be furnished in exchange for a controlled substance in violation of The Controlled Substance, Drug, Device and Cosmetic Act ¹¹ (Controlled Substance Act), or the proceeds traceable to such an exchange, or 2) that the money was used or intended to be used to facilitate any violation of the Controlled Substance Act. 42 Pa.C.S. § 6801(a)(6)(i)(A), (B). In so showing, the Commonwealth must establish a nexus between the unlawful activity and the property subject to forfeiture. ¹² Commonwealth v. Nineteen Hundred and Twenty Dollars United States Currency, 149 Pa.Commonwealth Ct. 132, 612 A.2d 614 (1992). If the Commonwealth prima facie establishes that the money was subject to forfeiture under Section 6801(a) of the Act, the burden shall be upon the claimant to show 1) that the claimant is the owner of the money, 2) that the claimant lawfully acquired the money, and 3) that the money was...