Com. v. Hamlin

Decision Date28 December 1983
Docket NumberNo. 40,40
PartiesCOMMONWEALTH of Pennsylvania, Appellee, v. Roy L. HAMLIN, Appellant. W.D. 1983.
CourtPennsylvania Supreme Court

Page 137

469 A.2d 137
503 Pa. 210
COMMONWEALTH of Pennsylvania, Appellee,
v.
Roy L. HAMLIN, Appellant.
No. 40 W.D. 1983.
Supreme Court of Pennsylvania.
Argued Sept. 13, 1983.
Decided Dec. 28, 1983.

[503 Pa. 212] Robert L. Simmons, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Melinda G. Tell, Asst. Dist. Atty., Pittsburgh, for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

McDERMOTT, Justice.

This is an appeal from the order of the Superior Court, reversing an order of the Court of Common Pleas of Allegheny County suppressing evidence obtained in a search

Page 138

of appellant's residence. 1 After examination of appellant's claim we affirm.

The facts are as follows. On the morning of September 5, 1980, Lieutenant Charles E. Coughlin of the McKeesport Police Department prepared an application for a search warrant for the premises of appellant, Roy L. Hamlin. The probable cause relied upon in securing the warrant was [503 Pa. 213] testimony from neighbors that ten (10) to twenty (20) persons visited the residence on a daily basis and only stayed for a short period of time. Later that same day at approximately 1:30 p.m. the application was taken to the district magistrate. The warrant was then approved and the date of issuance was recorded as September 6, at 8:00 a.m. This date and time started the forty-eight (48) hour period during which the search warrant had to be executed. See Pa.R.Crim.Pro. 2005. 2 The search was scheduled to take place at 7:00 a.m. on September 6. The police arrived at appellant's residence at 7:45 a.m. on that same date. Lieutenant Coughlin knocked on the exterior door of the complex in which appellant lived. Receiving no response Lieutenant Coughlin proceeded into the main building and knocked on appellant's door. After continued knocking and unanswered requests to have appellant open the door, Lieutenant Coughlin used a key supplied by the landlord to gain access. Appellant and a Ms. Dreher (co-defendant) were in the room. Lieutenant Coughlin identified himself and provided appellant with a copy of the warrant. A search of the premises resulted in the seizure of a quantity of controlled substances and drug paraphernalia. The occupants were arrested. Appellant and co-defendant filed joint omnibus pre-trial motions to suppress the seized evidence.

On March 25, 1981, the Commonwealth proceeded to a suppression hearing on the co-defendant's motion. After receiving testimony from both Lieutenant Coughlin and [503 Pa. 214] Howard Lindberg, the issuing magistrate, the suppression court granted the motion to suppress. Judge Louik, the suppression court judge, stated at the hearing that he was not finding that the error was done purposely, but nevertheless, given the improper execution of the warrant, he was going to grant defendant's suppression motion (S.T. 39-42). The Commonwealth appealed. On appeal the Superior Court, in a two to one decision, rejected the findings of the lower court and reversed, holding that the misdating was a mistake which did not prejudice appellant. Appellant herein petitioned this Court for appeal and we granted allocatur.

In this appeal the following issues are raised: whether the Superior Court lacked jurisdiction to entertain the appeal, since it did not raise a pure question of...

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