Philadelphia Criminal Defense Blog

Zak Goldstein 10/1/19 Zak Goldstein 10/1/19

PA Supreme Court: Search Warrant Allows Police to Search Entire Apartment Even if Suspect Has Roommates

Philadelphia Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Turpin, holding that having a roommate does not convert a single resident unit into a multi-resident unit for purposes of the Fourth Amendment. This decision is significant because so many people live with a roommate. Nonetheless, if the police have probable cause that one person is engaged in illicit activity in the residence, Turpin allows the police to search the entire residence even if the police know that the suspect has roommates who have their own rooms.

Commonwealth v. Turpin

On December 4, 2014, Detective Mellot of the Cumberland County Drug Task Force began investigating Mr. Irvin, the defendant’s roommate based on information received from a confidential informant regarding the sale of heroin. Detective Mellot contacted Mr. Irvin’s parole officer who informed him that he was living in Mechanicsburg, Pa. Based on this information, Detective Mellot conducted surveillance of the residence and observed an unusually high number of individuals making short visits there.

In mid-February 2016, Detective Mellot interviewed a second confidential informant who stated he purchased heroin from Mr. Irvin on a regular basis and had bought heroin from the defendant’s and Mr. Irvin’s residence. As this information had been corroborated by his surveillance, Detective Mellott arranged for the confidential informant to conduct a controlled buy from Mr. Irvin. While the confidential informant was arranging to meet Mr. Irvin at a nearby business, Detective Mellott surveilled the residence and observed multiple individuals enter and then quickly exit, which Detective Mellott believed was indicative of drug dealing. Detective Mellott then observed two people exit the residence and enter a black Cadillac that Mr. Irvin was known to drive. Detective Temple, who was surveilling the location of the controlled buy, observed the same black Cadillac at the buy location. A male and female then exited the Cadillac and then the male conducted a hand-to-hand transaction with an unknown individual. Afterwards, the male instructed the confidential informant to enter the business.

At this time, Detective Colare entered the business with the confidential informant and positively identified Mr. Irvin as the male with whom the confidential informant interacted. The detectives observed Mr. Irvin drive back to the residence and enter the property. The confidential informant then provided Detective Mellott with ten bags of heroin, stamped “Blue Magic,” that were purchased from Mr. Irvin. Based on the above information, Detective Mellot obtained a search warrant for Mr. Irvin and the defendant’s residence.

Police executed the search warrant in February 2015. The defendant was placed in a vehicle by Sergeant Curtis of the Mechanicsburg Police Department and the two discussed the living arrangements of the residence. The defendant told Sergeant Curtis that he and Mr. Irvin both lived there and each occupied one of the two bedrooms. Thereafter, Sergeant Curtis brought the defendant back into the house so he could get his shoes from his bedroom. There was no evidence that the defendant’s bedroom ever had a padlock on the door, and there was not a separate room number or mailbox on the outside of the bedroom door which would make it seem like an individual apartment.

The officers then searched the entire house, including the defendant’s bedroom. Recovered from his room were a firearm, ammunition, six bags of heroin including one bag stamped “Blue Magic,” a bag of marijuana, and $902 in cash. The police also recovered 37 bags of heroin, some stamped “Blue Magic,” and a case of $1,000 from Mr. Irvin’s room as well as 200 bags of heroin from the living room. The police then returned to the house on March 10, 2015 and recovered 80 bags of heroin from the second-floor bathroom, which was adjacent to the defendant’s bedroom. Based on the above, the defendant was arrested and charged with possession of a controlled substance, and one count each of conspiracy to commit possession with the intent to deliver and receiving stolen property.

The Defendant’s Motion to Suppress

The defendant filed a motion to suppress claiming that the search warrant was overbroad because it did not limit the specific areas to be searched to those under the control of Mr. Irvin and the warrant was improperly executed because the police were made aware of its overbroad nature from the defendant’s conversations with Sergeant Curtis. At the suppression hearing, the above facts were put on the record. The defendant also testified at the hearing. He testified that he and Mr. Irvin occupied separated bedrooms at the residence, he would shut his bedroom door when he was not home; Mr. Irvin and he occupied separate bedrooms at the residence; he would shut his bedroom door when he was not home; and that Mr. Irvin was not permitted to enter his bedroom without permission.

The trial court denied the defendant’s motion to suppress. The trial court held that the warrant was not overbroad and that a search warrant to a residence “need not specify each and every room of a residence to be searched.” Further, the trial court held that the search warrant was not improperly executed. After the denial, the defendant proceeded to a jury trial where he was convicted of all charges. The court then subsequently sentenced him to an aggregate term of one year less one day to two years less two days of county imprisonment to be followed by three years of probation. The defendant then filed a timely appeal to the Pennsylvania Superior Court. The Superior Court denied the defendant’s appeal. The defendant then filed a petition for allowance of appeal to the Pennsylvania Supreme Court which was granted.

Does a Search Warrant Have to Be Specific?

Yes. The Fourth Amendment prohibits the issuance of any search warrant except one that is specific and particular to the place to be searched and the persons or things to be seized. As such, the police are limited to searching in those areas where the suspected contraband could be found. Usually, the police are searching for guns and drugs and therefore the police have a broad scope of places that these items could be found. However, let’s say hypothetically that the police have a search warrant for a missing tuba. Obviously, tubas are very large and heavy and probably would not fit in a shoebox. So, in this hypothetical, if the police were searching only for a tuba and they looked into a shoebox and found contraband, then the defendant could have a valid argument at suppressing this contraband because the police went beyond the scope of the search warrant.

I Live in an Apartment Building. If the Police Get a Search Warrant for My Neighbor’s Apartment, Can They Search Mine Too?

No. In prior decisions, the Pennsylvania appellate courts have been very clear that a search warrant has to be particularized to the residence that is being searched. To give an example of this, let’s assume that a defendant lives at 123 Broad Street and that it is a multi-tenant building. If the police were to get a search warrant for only 123 Broad Street and they search every apartment in 123 Broad Street and the police find contraband in the defendant’s apartment, then he will have a very good argument for suppressing that contraband because the search warrant was not specific enough for the defendant’s house. However, this was not the issue in the instant case. In the instant case, the residence in question was a single living unit, not a multi-tenant unit as stated in the above hypothetical.

The Pennsylvania Supreme Court’s Decision

The Pennsylvania Supreme Court denied the defendant’s appeal. In its opinion, the Pennsylvania Supreme Court adopted the federal rule which allows the police to search the entire residence even if the target of the search warrant has roommates. The Court went on to say that a roommate can obtain relief if it is shown that his particular room was a separate and independent unit. It is not enough that the roommates are prohibited from entering the other’s room without permission. As such, the defendant will not be entitled to relief and therefore he will not get a new trial.

Facing criminal charges? We can help.

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 9/28/19 Zak Goldstein 9/28/19

PA Superior Court: Trial Court Abused Discretion in Dismissing Case Due to Witnesses Being Late

The Superior Court has decided the case of Commonwealth v. Ligon, holding that the trial court abused its discretion when it dismissed a criminal case due to the late arrival of witnesses despite the fact that the prosecutor indicated that he was ready to begin the trial and that they were on their way.

Commonwealth v. Ligon

Philadelphia police arrested the defendant in March 2012 and charged him with multiple crimes, including charges of robbery, burglary, aggravated assault, and various violations of the Uniform Firearms Act. The charges stemmed from an alleged incident that took place in September 2011 involving a Mr. Brady and his grandmother Ms. Martin.

The defendant’s case would be subsequently continued five times before his preliminary hearing was held and the municipal court judge found that there was enough evidence to go to trial on the charges. After his preliminary hearing, his case was then assigned to a Court of Common Pleas judge. When it reached the trial room, his case again was continued a “copious” amount of times. Eventually, his case again was continued and then reassigned to a different trial judge. This trial judge then granted two more continuances, one due to a court conflict and one because the assigned prosecutor had another trial.

The trial finally began on December 5, 2016 and on that day, the parties picked a jury. The following morning, before the jury came into the courtroom, the assigned prosecutor told the trial court that the complaining witnesses had not arrived. The prosecutor stated that although she had arranged a ride for the complaining witnesses, they did not answer the door. The prosecutor further stated that she had been in constant contact with them, having spoken with both the day before trial and having met with one of them on the Friday preceding trial. Based on these conversations, the prosecutor asked for “a little bit more time” for the witnesses to arrive. The trial court said that it could “probably give [the Commonwealth] till 11 [AM].”

When the court reconvened at 11:00 AM, a different prosecutor addressed the court and explained that the probation officer of Mr. Brady was attempting to contact him and that the Commonwealth had arranged for additional transportation to get him because Mr. Brady was in a wheelchair. The trial court then stated that it would recess the proceedings until 11:45 AM. At 12:00 PM, the assigned prosecutor stated that the witnesses were “on their way” and that she was ready to proceed with trial and asked if she could begin with her opening statement. The trial court replied that the witnesses were supposed to be there at 9:30 AM. The prosecutor then repeated that the witnesses were on their way. She then stated that she could do the opening statement and then put on another witness by the end of which she was “absolutely certain” the complaining witnesses would arrive. The trial court declined to allow the prosecutor to proceed with her case and discharged the case against the defendant. The Commonwealth then filed a timely appeal, arguing that the trial court abused its discretion when it discharged the case against the defendant.

What is the Abuse of Discretion Standard?

It can often be difficult for an appellant to win a case on an abuse of discretion standard. The abuse of discretion standard requires appellate courts to give great deference to the trial court in making its decision. As stated in a recent Pennsylvania Supreme Court case, an abuse of discretion only occurs “where the trial court misapplies the law, or where the judgment is exercised is manifestly unreasonable, or the result of partiality, prejudice, bias, or ill-will.” Further, appellate courts are not supposed to step in the shoes of the trial court. As such, this standard can be very difficult to win under, and usually the appellate courts will defer to the trial court. It is worth noting that it is usually defendants who, on appeal, argue that the trial court abused its discretion.

The Superior Court’s Decision

The Superior Court held that the trial court abused its discretion when it discharged the case against the defendant. In its brief opinion, the Superior Court stated that a trial court must take into account the public interest when determining whether to dismiss a case. The Superior Court stated that the trial court did not do this. The Superior Court’s opinion omits any real discussion on why the public interest was harmed by the dismissal of this case. Further, the Superior Court essentially stated that trial courts are to assume that prosecutors are telling the truth when they say they will be ready for a case.

Further, the Superior Court cited Commonwealth v. Carson in support of its position that the trial court abused its discretion. Carson is easily distinguishable from the instant case. In Carson, the trial court stated the reason the case was discharged was because of its court schedule and specifically chastised the Allegheny District Attorney’s Office for its tardiness and its excuses. In the instant case, the trial court did not state its schedule was the reason why the case was being discharged. It stated that the case had not gone to trial in the 1,782 days after the complaint had been filed. Further, it ignored the fact that the Commonwealth offered no corroborative evidence that their witnesses were actually coming to court. As such, the only evidence to support this was the Commonwealth’s representations. Nonetheless, the Superior Court still found that the trial court abused its discretion in dismissing the case and therefore the defendant will have to face trial for these charges (assuming the witnesses actually show up to court).

Facing criminal charge? We can help.

Criminal Defense Attorneys Zak Goldstein and Demetra Mehta

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in state and federal courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 9/25/19 Zak Goldstein 9/25/19

What is the penalty for getting arrested for drugs or guns while on state parole in Pennsylvania?

Pennsylvania State Parole Violations

The impact of new criminal charges for a person who is on state parole in Pennsylvania can be very confusing for the defendant and his or her loved ones. In general, a new arrest while under state parole is going to result in at least some amount of jail time because the parole board almost always lodges a parole detainer following a new arrest for a misdemeanor or felony criminal charge. Additionally, once the parole board lodges the detainer, it is usually not possible to get the detainer lifted because the judge who sentenced the defendant to prison time does not have the authority to have a state detainer lifted. Instead, only the parole board can lift the detainer, and the board usually does not do this unless the defendant has served the maximum sentence (“maxed out”).

The parole board can impose severe consequences for a conviction for a new offense. This can include both taking away the parolee’s “street time,” meaning the time served on parole would not count towards the sentence, and requiring the parolee to serve a state parole hit or additional time in state prison. Therefore, if you or a loved one are facing new criminal charges while on state parole, it is important to retain a defense attorney who has the skill and expertise to resolve the case in a timely manner and in a way that minimizes the parole consequences. It is important to retain a defense attorney who is well-versed in what those potential consequences could be. In some cases, a defendant on state parole may simply need to do everything possible to win the case in order to avoid a set back, and in others, it may be possible to negotiate a plea deal that does not result in a significant amount of additional jail time or that reduces the amount of time that the parole board is likely to impose.

Pennsylvania State Parole Set Backs for New Drug Charges

Deciding whether to go to trial or accept a plea deal is an extremely important decision for every criminal defendant. This decision can be even more difficult for a defendant who is on state parole because the defendant has to consider both the sentence that he or she would be facing on the new case as well as the sentence that the state parole board would be likely to impose. Fortunately, the parole board provides guidelines as to what kind of sentence a parolee can expect to serve in the event of a parole violation so that the system is not totally arbitrary.

With respect to a new drug charge, the length of potential jail time for the parole violation depends on the type of the drug charge and the gradation of the offense.

The regulations provide that a drug felony with a maximum of 15 years, such as the sale of heroin, could lead to a 24 to 36 month sentence for the parole violation.

A drug felony with a maximum of ten years in prison, such as the sale of cocaine or crack, has a presumptive range of 18 months to 24 months in prison for the violation.

A drug felony with a maximum of five years, such as the sale of marijuana, has a shorter presumptive range of 9 to 15 months in state prison.

Misdemeanor narcotics offenses are punished less severely. A misdemeanor with a maximum of 2 or 3 years is likely to lead to a 6 to 12 month hit, while a misdemeanor with a maximum of one year is likely to lead to a 3 to 6 month hit.

It is important to note that these presumptive ranges are simply advisory. It is always possible that the parole board could impose a longer or shorter sentence for a direct violation of state supervision.

Pennsylvania State Parole Hits for Gun Charges

The parole board also provides a presumptive setback for a Violation of the Uniform Firearms Act (“VUFA charge” or gun charge). According to the regulations, any defendant who is on state parole and is convicted of illegally possessing a firearm is likely to face an additional 18 months to 24 months in state prison in addition to whatever sentence the defendant receives on the new case. Therefore, a new gun charge arrest can be an extremely serious situation for a parolee.

Can I get a state parole detainer lifted?

In general, you cannot get a state parole detainer lifted. In most cases, the defendant will remain in jail until the new case is resolved. If the defendant serves the maximum sentence, then the parole board would likely lift the detainer because the defendant would no longer be on parole.

Can I get a county probation detainer lifted?

It is important to note that this discussion applies only to state parole detainers. County probation and state-supervised probation is very different. These presumptive ranges do not apply to potential probation violations. Instead, the judge which sentenced the defendant to probation would decide what sentence to impose in the result of a direct violation, and that sentence is not limited by any guidelines. At the same time, the judge may lift a probation detainer if the defendant’s lawyer files a motion to have the detainer lifted.

Can I get a county probation detainer lifted if I am being supervised by the state?

In some cases where a defendant receives a state sentence followed by a period of county probation, the judge may order that the state parole board supervise the defendant once the defendant is released and on probation. In that case, the defendant would be supervised by a state agent, but the judge would still retain jurisdiction to decide the penalty for a violation. The judge would also still have the authority to lift a detainer.

What should I do if I’m arrested for a new charge and am on state parole?

You should retain an experienced criminal defense lawyer who can give you the best possible chance to win your case at trial, preliminary hearing, or through a motion to suppress, or reduce the potential parole consequences through negotiations. If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, PWID, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 9/19/19 Zak Goldstein 9/19/19

Not Guilty: Attorney Goldstein Wins Full Acquittal in Rape Jury Trial

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire recently won a full acquittal from a Philadelphia jury on Rape charges in the case of Commonwealth v. J.B..

In this case, the complainant alleged that her mother's boyfriend, J.B., had been regularly beating her with a belt and sexually assaulting her. She claimed that these incidents would usually happen when she got in trouble at school or otherwise failed to follow the rules in the home. She also claimed that this would often happen when her mother or siblings were home, but no one saw anything or did anything about it. Based on her complaint, Philadelphia Police arrested J.B. and charged him with Rape, Unlawful Contact with a Minor, and Indecent Assault.

Knowing that these cases are extremely difficult to defend and win at trial, J.B. retained Attorney Goldstein for trial. Upon reviewing the discovery for the case, Attorney Goldstein quickly saw that there were major problems with the complainant's story, and Attorney Goldstein was able to show those problems to the Philadelphia jury.

First, the complainant had made similar allegations to her sister and mother prior to going to the police but then admitted to them that she had made the story up because she was afraid of getting in trouble for receiving a bad report card at school.

Second, although she claimed that J.B. had beaten her with a belt and sexually assaulted her two days before she went to the police, not a single investigator had seen her with any kind of bruising or injuries. The police officers who investigated, the DHS worker who was assigned to her case, and the medical professionals who examined her at the hospital all failed to note any injuries or bruising of any kind.

Third, there were major inconsistencies in her story that Attorney Goldstein was able to highlight on cross-examination.

Finally, she claimed that this had all happened in broad daylight in front of numerous family members, but none of the family members had seen anything or corroborated her story, and the Commonwealth had also not obtained any physical or forensic evidence linking J.B. to any kind of assault in any way.

Attorney Goldstein successfully cross-examined the complainant on these major holes in her story and highlighted the lack of any other corroborating evidence for the jury. Faced with the problems in the testimony and the lack of physical evidence, the jury quickly acquitted J.B. of all charges.

These types of cases are extremely difficult to defend and win in today's climate. Jurors are under a significant amount of pressure to believe the alleged victim in a sexual assault case even in the absence of any corroborating evidence. Therefore, if you or a loved one are facing criminal charges for alleged sexual misconduct, it is extremely important that you retain counsel with the skill and experience necessary to properly defend you in court and protect the presumption of innocence.

Facing criminal charges? We can help.

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, DUI, PWID, Rape, and Murder. We have also won new trials on appeal and in Post-Conviction Relief Act litigation for clients who were wrongfully convicted or who received the ineffective assistance of counsel. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.