Com. v. Ryles

• Decision Date: 14 April 1980
• Citation: Com. v. Ryles, 418 A.2d 542, 274 Pa.Super. 547 (Pa. Super. Ct. 1980)
• Parties: COMMONWEALTH of Pennsylvania, Appellant, v. Eric P. RYLES.
• Court: Pennsylvania Superior Court

Page 542

418 A.2d 542

274 Pa.Super. 547

COMMONWEALTH of Pennsylvania, Appellant, v. Eric P. RYLES.

Superior Court of Pennsylvania.

Argued Aug. 28, 1979.

Filed Jan. 18, 1980.

Reargument Denied April 14, 1980.

Steven H. Goldblatt, Deputy Dist. Atty., Marianne E. Cox, Asst. Dist. Atty., of Philadelphia, for Commonwealth, appellant.

Ronald I. Rosen, Philadelphia, for appellee.

Before HOFFMAN, EAGEN and HESS, JJ. ^*

PER CURIAM:

These are appeals by the Commonwealth from an order of the Court of Common Pleas of Philadelphia suppressing an incriminating statement given by the accused, Eric P. Ryles, to police and certain physical evidence seized pursuant to a warrant obtained as a result of the information provided in the statement. The suppression court determined that the statement was obtained in violation of Pa.R.Crim.P. 130 and Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977) (Hereinafter: Davenport ), and that the physical evidence was the fruit of the illegally obtained statement.

The Commonwealth argues that properly interpreted Davenport does not mandate suppression of the statement or its fruits and that, even if Davenport mandates suppression of the statement, its fruits should not be suppressed.

The facts are as follows:

Police arrested Ryles without a warrant at 1:45 p. m. on June 4, 1978 at 1236 North 18th Street, Philadelphia for the homicide of Olivia Parker. He was transported to the Police Administration Building where he arrived at 2:20 p. m. At 2:55 p. m., he was advised of his constitutional rights as dictated by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), which he indicated he understood and waived. He then gave the police background information, such as name, address and age. At 3:20 p. m., an interview was begun. Approximately twenty minutes later, the interviewing detective noticed certain dark stains on parts of Ryles' body. As a result, the detective consulted his supervisor and a search warrant was prepared. While the warrant was being prepared, the interview continued. At approximately 5:30 p. m., Ryles admitting stabbing, but denied raping, the victim. He also advised police of the whereabouts of bloodied clothing he had secreted.

While the statement was being taken, other detectives took the search warrant to arraignment court for judicial approval. At 5:55 p. m., the court approved the warrant. At approximately 6:15 p. m., a detective telephoned the arraignment court to advise the judge that Ryles would be brought to court for a priority arraignment. A message to this effect was left for the assigned judge, and the detective was told the judge would get the message. ¹ At 6:55 p. m., the taking of Ryles' statement was interrupted so that the search pursuant to the warrant could be executed. After the search concluded about 7:17 p. m., Ryles read and signed the statement.

At 7:30 p. m., Ryles was taken to arraignment court where he arrived at 7:38 p. m., or five hours and fifty-three minutes after arrest. The judge, although assigned for a eight-hour shift which began at 4:00 p. m., was not present. The judge had left the court for supper after approving the warrant, had not received the telephone message, and had not left a message where he could be located as was customary. Ryles remained in the courtroom while police searched the building and surrounding area for the judge, but he could not be located. ² Finally, at 8:08 p. m., the judge returned and arraignment took place at 8:10 p. m., or six hours and twenty-five minutes following arrest.

As a result of the statement, a second search warrant was obtained and executed. Physical evidence, particularly clothing, was seized as a result of the search pursuant to this warrant.

The statement and physical evidence obtained pursuant to the second warrant were ordered suppressed in the trial court. The court denied the motion to suppress evidence obtained pursuant to the first warrant.

In Davenport, our Supreme Court, after consideration of experience with Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972) (Hereinafter: Futch ), which first announced a suppression rule as a means to enforce Pa.R.Crim.P. 130, announced a six-hour per se rule. The rule required suppression of any statement obtained between arrest and arraignment if arraignment does not occur within six hours of arrest. But, in fixing the relevant period, the court specifically stated a six-hour period would establish "a workable rule which can be readily complied with in the absence of exigent circumstances." Davenport, supra, 471 Pa. at 286-87 n. 7, 370 A.2d at 306 n. 7. (Emphasis added.) The issue instantly is therefore whether the circumstances presented establish exigent circumstances under Davenport such that suppression is unwarranted. We rule they do.

An examination of Futch and its progeny clearly indicates the Supreme Court's rulings to effectuate prompt arraignment had as their focus control of the conduct of police. Instantly, the police complied with Davenport when they brought Ryles to court within six hours and attempted to ensure availability of a judge. Accordingly, we hold the unavailability of the judge instantly constitutes an exigent circumstance ³ and suppression under Davenport should not have been granted.

There can be no doubt that suppression is a drastic remedy designed to deter illegal conduct and protect an individual's rights. United States v. Janis, 428 U.S. 433, 96 S.Ct. 3021, 49 L.Ed.2d 1046 (1976); Commonwealth v. Williams, 454 Pa. 368, 312 A.2d 597 (1973). In particular, suppression represents a judicial response to illegal activity by those not immediately subject to the supervisory authority of the courts, i. e., an indirect sanction on those the courts cannot directly sanction which renders fruitless the illegal activity and thereby deters that activity. Instantly, the reason the arraignment did not occur within six hours was the unavailability of the judge; hence, there is no illegal activity to deter. Furthermore, even if the conduct of the judge in absenting himself should be deterred ⁴ because it too interferes with the individual's right to a prompt arraignment, that deterrence can be achieved by our courts through their supervisory authority without resort to suppression of evidence, which interferes with society's interest in justice, at least where the illegality does not necessarily render the evidence unreliable as here.

We are fortified in our holding by the federal rule which, while not on all fours with Davenport, recognizes unavailability of a magistrate as a factor justifying delay in arraignment. 18 U.S.C. § 3501(c); United States v. McCormick, 468 F.2d 68 (10th Cir. 1972) cert. denied 410 U.S. 927, 93 S.Ct. 1361, 35 L.Ed.2d 588 (1972); United States v. Del Porte, 357 F.Supp. 969 (S.D.N.Y.1973) aff'd sub nom. United States v. St. Jean, 483 F.2d 1399 (2d Cir. 1973). We are also fortified by the Supreme Court's references in Davenport, supra 471 Pa. at 286-87 n. 7, 370 A.2d at 306 n. 7, to the standards and goals of the National Advisory Commission on Criminal Justice, Corrections § 4.5 (1973), and to the Model Code of Pre-Arraignment Procedure § 130.2 (1975) which indicate the responsibility of police is to take an accused before a judicial officer. In all respects, the police instantly complied with their responsibility within the time allowed by Davenport and the absence of the judicial officer was beyond their control. ⁵

Even assuming the Davenport rule was not violated, Ryles contends the suppression court's order should be affirmed because he was taken into police custody without probable cause and all evidence secured after his arrest was tainted by this initial illegality. ⁶

"Probable cause exists if 'the facts and circumstances which are within the knowledge of the officer at the time of the arrest, and of which he has reasonably trustworthy information, are sufficient to warrant a man of reasonable caution in the belief that the suspect has committed or is committing a crime.' Commonwealth v. Culmer, 463 Pa. 189, 195, 344 A.2d 487, 490 (1975)."

Commonwealth v. Perkins, 473 Pa. 116, 123 n.5, 373 A.2d 1076, 1082 n.5 (1977). Further, since the suppression court found probable cause for the arrest, in reviewing the evidence to determine if the standard was met, an appellate court considers only the evidence presented by the Commonwealth and so much of the evidence for the defense as remains uncontradicted. ⁷ Commonwealth v. Perkins, supra. So viewed the record establishes the following:

The body of the victim was discovered by her boy friend in her bedroom at 1236 North 18th Street at about 10:00 a. m. The bedroom which the victim occupied was located in the front of the second floor of a boarding house. There were two other bedrooms on the second floor as well as three or four on the third floor. Ryles was the occupant of the rear second-floor bedroom.

When the police arrived at the scene, the victim's body, which was obese, was on the floor and was naked except for stockings pulled down around her ankles and a cloth on the upper part of her body. She had been stabbed numerous times. She was lying on her back with her legs spread in what appeared to be blood, and a chair, as well as bedding, was stained with blood. The room was in disarray. Three footprints made with blood were observable on the floor and, given the imprint, were apparently made by sneakers.

The second floor rear bedroom, i. e. Ryles', was also in disarray with men's clothing thrown around and drawers open. No other rooms in the house were upset. On the floor of Ryles' room, police found magazines and photographs depicting nude women including those of nude, obese women.

The police also learned from the victim's sister that, at 11:00 p. m. the prior evening, she had received a phone call from the victim during which the victim told her only Ryles and the victim were...