United States ex rel. Johnson v. Johnson
Citation | 340 F. Supp. 1368 |
Decision Date | 10 March 1972 |
Docket Number | Civ. A. No. 71-1528. |
Parties | UNITED STATES of America ex rel. Henry JOHNSON, H-8407 v. R. L. JOHNSON, Superintendent. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Henry Johnson, pro se.
Arlen Specter, Dist. Atty., Mark Sendrow, Asst. Dist. Atty., Philadelphia County, Philadelphia, Pa., for respondent.
This is a petition for a writ of habeas corpus by a state prisoner who is serving a five to ten year sentence following his conviction by Judge Robert W. Honeyman of the Court of Common Pleas of Montgomery County, Pa., sitting without a jury, of the crimes of burglary, larceny, and conspiracy. In his petition, relator claims entitlement to relief on essentially three grounds: (1) that he was arrested without probable cause; (2) that the search of the automobile in which he was riding at the time of his arrest violated the Fourth Amendment; and (3) that the testimony of his co-defendant, Albert Johnson, exonerated him of the crimes charged. Relator has essentially exhausted his available state remedies and his case is properly before us for an adjudication of his constitutional claims.1 Since the only issues which we must now decide concern facts which are amply developed in the existing state court records, we deem it unnecessary to hold an evidentiary hearing.2 Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed. 2d 770 (1963). For the reasons stated herein, we must deny relator's petition.
We shall first consider the question of probable cause for relator's arrest, i. e., did the "facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed citations omitted." Henry v. United States, 361 U.S. 98, 102, 80 S.Ct. 168, 171, 4 L.Ed.2d 134 (1959). Accord, United States v. Dento, 382 F.2d 361 (3d Cir. 1967), cert. denied, 389 U.S. 944, 88 S.Ct. 307, 19 L.Ed.2d 299, rehearing denied, 389 U.S. 997, 88 S.Ct. 493, 19 L.Ed.2d 502. Since questions of probable cause must be viewed in light of all the surrounding circumstances, a particularized recitation of the facts is necessary to our discussion. The facts are ably summarized by Judge Honeyman in his opinion:
While the caselaw has enunciated certain basic standards, in the final analysis, probable cause must be determined on a case by case basis in light of the totality of surrounding circumstances existing at the time of the arrest. Our analysis of the facts reveals a number of ingredients relative to a finding of probable cause.
The suspects were first observed at 4:30 A.M. on a Sunday morning, pulling out of a closed gasoline station; as the officer proceeded to the gas station, their car backed up and parked. The driver, who also represented himself to be the owner of the car,3 did not live in the immediate area, and could not produce proof of ownership. His justification for his presence at a closed gas station, i. e., that he was bringing the car in for repairs on his return from Allentown, was suspicious in light of the officer's personal observation that when he first saw the car, it was exiting from the gas station and was not entering or parked. Furthermore, the information received by the officer that the license plate (and apparently the car) was registered in another's name, with no apparent connection with the driver, was at variance with the representation that the driver owned the car. As of this point, the officer at least had reason to be highly suspicious that a crime had been or was being committed by relator and his companion.
We do not have to decide if probable cause to arrest the relator existed at this point in time because the presence in the car of the two large boxes full of cartons of cigarettes and the long length of "angle iron" covered with snow and ice, when combined with the other facts known by the officer, clearly created probable cause. However, if the search of the interior of the car from the outside with a flashlight by looking through the windows constituted an illegal warrantless search, then the knowledge gained through an illegal search cannot be used as an indicia of probable cause to arrest. Alderman v. United States, 394 U.S. 165, 176-177, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969); Sibron v. State of New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968). But see, Scearce v. Field, 292 F.Supp. 807 (C.D. Cal.1968).
On similar facts, some courts have concluded that there was not a "search" within the meaning of the Fourth Amendment. United States v. Hanahan, 442 F.2d 649 (7th Cir. 1971); United States v. Johnson, 431 F.2d 441 (5th Cir. 1970) (alternative holding); United States v. Polk, 433 F.2d 644 (5th Cir. 1970); United States v. Morales, 440 F.2d 1332 (5th Cir. 1971); Gil v. Beto, 440 F.2d 666 (5th Cir. 1971). Other courts have held that there was a search but that it was reasonable. Marshall v. United States, 422 F.2d 185 (5th Cir. 1970); United States v. Vilhotti, 323 F.Supp. 425 (S.D.N.Y.1970). Also, United States v. Johnson, supra (alternative holding). Regardless of the basis for upholding these visual acts, the cases require that the officer have the right to be in the position to have that view. Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968). In this case, it is obvious that the officer who was on the premises of a gasoline service station which is open to the public met this requirement. Therefore, we conclude that the knowledge of the cigarettes and angle iron was lawfully obtained by the officer for Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 2059 n. 6, 29 L.Ed.2d 564 (1971) (Mr. Justice Black, concurring and dissenting).4
We find that the presence of some 200 cartons of cigarettes on the back seat of a passenger motor vehicle5 is highly unusual; the normal smoker does not purchase cigarettes in such large quantities. Moreover, where there is visualized in the same car an "angle iron" still covered with ice and snow which indicates that it had been used very recently (for there was snow on the ground at the time), the point is reached when a group of facts, no one of which would constitute probable cause, but each one of which is highly suspicious, fits together to cement the pattern. In our view, the combined and collated facts are such as would reasonably lead a prudent officer to believe that a felony has been committed. Having found that probable cause existed for the warrantless arrest of relator, we must determine if the warrantless search at the scene and the warrantless search and seizure at the police station comport with the requirements of the Fourth...
To continue reading
Request your trial-
United States v. Phifer, Crim. No. 74-136.
...will yield contraband or evidence useful for the prosecution of a crime. Coolidge v. New Hampshire, supra; United States ex rel. Johnson v. Johnson, 340 F.Supp. 1368 (E.D.Pa. 1972); Note, Warrantless Searches and Seizures of Automobiles, 87 Harv.L.Rev. 835 (1974). The Government asks that t......
-
United States v. Kulp
...473 F.2d 934 (3d Cir. 1973); United States v. Moody, 485 F.2d 531 (3d Cir. 1973). In an earlier opinion, United States ex rel. Johnson v. Johnson, 340 F.Supp. 1368 (E.D.Pa.1972), we analyzed warrantless automobile searches in light of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69......
-
United States ex rel. Clark v. Mulligan
...without a battery and therefore inoperable. The normal mobility justification is thus not present here. See United States ex rel. Johnson v. Johnson, 340 F.Supp. 1368 (E.D.Pa. 1972). Nor can the search be justified as incident to arrest. Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23......
-
Moore v. Fulcomer
...No. 84-5774 (E.D.Pa. May 1, 1985); Choice v. Pennsylvania Board of Parole, 448 F.Supp. 294 (M.D.Pa.1977); United States ex rel. Johnson v. Johnson, 340 F.Supp. 1368 (E.D.Pa.1972); United States ex rel. Brown v. Russell, 318 F.Supp. 76 (E.D.Pa. 1970); United States ex rel. McMullin v. Myers,......