Commonwealth v. Bellamy
Decision Date | 14 May 2021 |
Docket Number | No. 281 MDA 2020,281 MDA 2020 |
Citation | 252 A.3d 656 |
Parties | COMMONWEALTH of Pennsylvania, Appellee v. Arthur Lee BELLAMY, Appellant |
Court | Pennsylvania Superior Court |
Terrence J. McDonald, Dunmore, for appellant.
Anthony J. Martinelli, Assistant District Attorney, Scranton, for Commonwealth, appellee.
Appellant Arthur Lee Bellamy appeals the March 27, 2018 judgment of sentence entered in the Court of Common Pleas of Lackawanna County ("trial court"), following the nunc pro tunc reinstatement of his direct appeal rights. Upon review, we affirm.
On April 6, 2016, Dunmore Borough Police Department charged Appellant with possession with intent to deliver ("PWID") (heroin), conspiracy to commit PWID, possession of a controlled substance (heroin), and possession of drug paraphernalia.1 The affidavit of probable cause accompanying the complaint alleged:
Affidavit of Probable Cause, 4/6/16 (sic). The charges were held for court. On October 21, 2016, Appellant filed an "Omnibus Pretrial Motion," seeking to suppress communication intercepted through the Wiretapping and Electronic Surveillance Control Act (the "Wiretap Act"), 18 Pa.C.S.A. §§ 5701 - 5782. Additionally, he sought to suppress evidence recovered in the room at the Econo Lodge because of the police officers’ alleged failure to comply with Pa.R.Crim.P. 207, which codifies the knock and announce rule.3
The trial court conducted a hearing on the pretrial motion, which spanned two days. At the hearing, the Commonwealth presented the testimony of three police officers. First, the Commonwealth called to the stand Detective Condrad. N.T. Suppression, 4/10/17, at 3. He testified that he had been employed by the Dunmore Police Department for approximately two years. Id. Describing his duties, Detective Condrad testified:
Id. at 4-5. According to Detective Condrad, the CI provided them with a cellular phone number for purposes of contacting [Appellant]. Id. at 5. Detective Condrad testified that he relayed the information to Deputy District Attorney Ossont, who consensualized the CI. Id. Id. Detective Condrad recalled that after the phone call, the CI and his or her vehicle were "thoroughly searched for currency and contraband." Id. at 6. Detective Condrad testified that he provided the CI with $100.00 of pre-recorded and serialized US currency to effectuate the heroin purchase from Appellant. Id.
He further testified that, thereafter, he and Detective Zech established surveillance near Room 229 at the Econo Lodge. Id. "I then kept the [CI] under surveillance as he or she travelled from the District Attorney's Office to the Econo Lodge." Id. Detective Condrad recalled that which field tested positive. Id. at 6-7. According to Detective Condrad, the CI did not meet anyone else on his or her way to or from Room 229. Id. at 7.
Detective Condrad recalled that, after the contraband that the CI purchased from Appellant field tested positive for heroin, Detective Munley prepared and applied for a search warrant for Room 229, which was signed by Magistrate Paul Ware and approved by Deputy District Attorney Ossont. Id. Detective Condrad testified that they executed the search warrant on the same day (April 5, 2016) at 9:10 p.m. Id. Describing the events leading up to the search, Detective Condrad recalled:
We observed a white male exit [Room 229]. That male was later identified as John Bell. Mr. Bell was detained. He was given his Miranda[5 ] warnings which he verbally stated he understood. We then made entry into that room where we encountered [Appellant] and [Ms. McNeil] inside the room near the bed.
Id. at 7-8. Detective Condrad clarified that, as they were approaching and the door opened, they "could see there was [(sic)] additional occupants beside Mr. Bell inside the room." Id. at 8. He testified that the occupants inside were able to see him and he was wearing a tactical police vest, i.e. , a "bullet proof vest that says Police on the front of it." Id.
Detective Condrad further testified that when they entered the room, the police officers said "search warrant." Id. They, however, did not knock on the door, because it opened. Id. Detective Condrad stated that "[o]nce [Appellant] and Mr. Bell observed us, we were in fear that they might destroy evidence or for officer safety that they might have a weapon, therefore, we entered the room without knocking." Id. at 8-9. The occupants, Appellant and Ms. McNeil, were detained. Id. at 9. Thereafter, according to Detective Condrad, Appellant and Ms. McNeil were Mirandized and the room was searched pursuant to the search warrant. Id. The police recovered narcotics, which later tested positive for heroin, U.S. currency, including the $100 in pre-recorded and serialized U.S. currency provided to the CI, and three cell phones. Id. at 9-10. Detective Condrad testified that Appellant claimed ownership of the Samsung cell phone. Id. at 9.
On cross-examination, Detective Condrad confirmed that he had known Mr. Bell prior to encountering him during the execution of the search warrant in this case. Id. at 12. Detective Condrad clarified that when Mr. Bell exited Room 229, he did not close the door and that the door was open. Id. He explained that Mr. Bell was detained and Mirandized in the "doorway portion" of the room. Id. at 13. Detective Condrad stated that Mr. Bell "was brought out of the room and then to make way for the detectives to enter the room." Id. According to Detective Condrad, Appellant and Ms. McNeil observed the police taking Mr. Bell and putting him in handcuffs. Id. When asked how much was the door open, Detective Condrad replied "[e]nough for me to see into the room." Id. Detective Condrad explained:
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...drawn therefrom are in error. Our scope of review is limited to the evidence presented at the suppression hearing. Commonwealth v. Bellamy , 252 A.3d 656, 663 (Pa.Super. 2021) (cleaned up). However, "the interpretation of procedural rules is a question of law, so our standard of review is d......
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