Com. v. Hinkson

• Decision Date: 11 July 1983
• Parties: COMMONWEALTH of Pennsylvania, Appellant, v. Robert E. HINKSON, I.
• Court: Pennsylvania Superior Court

Page 616

461 A.2d 616

315 Pa.Super. 23

COMMONWEALTH of Pennsylvania, Appellant, v. Robert E. HINKSON, I.

Superior Court of Pennsylvania.

Argued June 16, 1982.

Filed April 29, 1983.

Reargument Denied July 11, 1983.

Charles S. Hersh, Asst. Dist. Atty., Hermitage, for Commonwealth, appellant.

Charles F. Gilchrest, Sharon, for appellee.

Before BROSKY, JOHNSON and MONTGOMERY, JJ.

BROSKY, Judge:

This is an appeal from the order of the lower court granting in part appellee's motions to suppress physical evidence and certain statements on the basis of its finding of an unlawful warrantless search. ¹ Appellant, the Commonwealth, contends that the search was lawful in that consent to search was given and because exigent circumstances were present. We agree that exigent circumstances existed and reverse the order of the court below. ²

On July 12, 1981, at about 12:40 a.m., Troopers James Dibler and John Balaska of the Pennsylvania State Police were on patrol when they received a radio message directing them to go to the Campbell residence concerning a shooting incident. The officers drove to that residence, arriving there at about 1 a.m.

There, they spoke with two witnesses, Dale and Brad McFarland, who told the officers they had been at the scene of a recent shooting. The witnesses told the troopers that earlier that evening, they had been riding in a truck driven by Brian McFarland and occupied by two other passengers. They stated that just as the truck passed appellee's residence, the driver was shot in the shoulder by a rifle. This occurred at about 12:20 a.m. The witnesses told the troopers that the victim had already been taken to the hospital. The officers also learned from the witnesses that appellee had a reputation for violence toward passing motorists (e.g., shooting at snowmobiles, threatening motorcyclists with an axe, and swinging a snowplow at a snowmobile). This information was corroborated by a local police officer who arrived to aid in the investigation. An investigation of the truck revealed that two shots had struck the vehicle, one broke a rear window and hit Brian McFarland, the other hit the truck's tailgate. Trooper Dibler concluded from his observations that the weapon used was a .243 caliber rifle.

The troopers then went to interview another witness who lived about one-half mile from appellee. This witness, Simon Summers, told the troopers that he heard the victim's truck proceed up the road in the area of appellee's residence and that shortly thereafter he heard five shots fired from that area.

The troopers then decided to interview appellee and proceeded to his residence after requesting and receiving additional assistance. They arrived at the home at about 2:30 a.m. Trooper Dibler testified that as they arrived at the house they observed that it was the only one with lights on in the nearby area. Trooper Balaska testified that they knew appellee, Robert Hinkson, had a wife and several children, but had no further information about them.

The troopers then deployed themselves around the house and requested over a P.A. system that appellee come out of his house. Within fifteen to thirty seconds, appellee came out of the house with his hands on his head. Two troopers led appellee away from the house and informed him of his constitutional rights. Appellee stated he wished to have an attorney, and there was no questioning by the police.

At this point, Trooper Balaska went up to the house and knocked on the front door. When appellee's wife came to the door, the trooper identified himself and asked if everyone in the house was okay. Mrs. Hinkson then invited the trooper into the residence. Once inside, the trooper informed Mrs. Hinkson that he was there as a result of shots being fired and asked if there were any guns in the house. Appellee's 15-year old son answered "yes" and asked the trooper if he would like to see them. The trooper said yes and followed the son through various rooms in the house, including appellee's bedroom, from which various guns and bullets were collected.

At the time of this search, Trooper Balaska did not know exactly what crime had been committed or what had occurred concerning the three reported but unaccounted for shots. The trooper considered the possibility based on his experience and knowledge of these types of incidents that someone was held hostage or hurt in the house and his initial primary purpose in entering the house was to see whether anyone else was hurt.

The relevant result of the search was a .243 caliber rifle, five spent cartridges, and a box of live .243 shells. The officer examined the gun and spent shells and concluded from the strong odor of gun powder that the gun and shells had been recently fired. This evidence, along with a statement by the son that the .243 caliber rifle and shells belonged to the defendant, was suppressed by the court below.

We initially note that "[a]s a general rule a search or seizure without a warrant is deemed unreasonable for constitutional purposes. Coolidge v. New Hampshire, 403 U.S. 443, 454, 91 S.Ct. 2022 [2031], 29 L.Ed.2d 564." Commonwealth v. Holzer, 480 Pa. 93, 102, 389 A.2d 101 (1978). However, the realities and practicalities of law enforcement dictate that where exigent circumstances exist, the warrant requirement is excused. United States v. Velasquez, 626 F.2d 314 (3rd Cir.1980); Holzer, supra. Exigent circumstances arise where the need for prompt police action is imperative, either because evidence is likely to be destroyed, id., or because there exists a threat of physical harm to police officers or other innocent individuals. Velasquez, supra.

An inquiry to determine whether exigent circumstances exist involves a balancing of the individual's right to be free from unreasonable intrusions against the interest of society in investigating crime quickly and adequately and preventing the disappearance of evidence necessary to convict criminals. United States v. Rubin, 474 F.2d 262 (3rd Cir.1973), cert. denied 414 U.S. 833, 94 S.Ct. 173, 38 L.Ed.2d 68 (1973); United States v. Hayes, 518 F.2d 675 (6th Cir.1975). It requires an examination of all of the surrounding circumstances in a particular case, Commonwealth v. Harris, 429 Pa. 215, 239 A.2d 290 (1968). These circumstances will vary from case...