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COMMONWEALTH PENNSYLVANIA v. EDDIE JACKSON AND RONALD GARRETT (05/13/75)

decided: May 13, 1975.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
EDDIE JACKSON AND RONALD GARRETT, APPELLANTS



COUNSEL

John H. Broujos, Carlisle, Henry B. Rothblatt, New York City, Milton R. Henry, Detroit, Michigan, for appellants.

Edgar B. Bayley, First Asst. Dist. Atty., Carlisle, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., dissents.

Author: Eagen

[ 461 Pa. Page 635]

OPINION OF THE COURT

Appellants, Eddie Jackson and Ronald Garrett, were arrested and charged with unlawful possession of a controlled substance, unlawful possession with intent to deliver dangerous drugs and conspiracy to commit an unlawful act.*fn1 A search, pursuant to a warrant, of the trunk of a 1972 Ford Thunderbird in which the appellants had been traveling, revealed a box containing approximately fifteen pounds of heroin and cocaine. A pretrial motion to suppress this evidence was filed and, after an evidentiary hearing, denied. Thereafter, appellants were tried before a judge, sitting without a jury, and adjudged guilty of the charges. The challenged evidence was introduced against the appellants at trial. Post trial motions were denied and a sentence of five to fifteen years imprisonment, plus the payment of a $10,000 fine was imposed on each appellant. On appeal, the Superior Court affirmed the judgments of sentence in separate per curiam orders. We then granted allocatur.

The record discloses the following:

On June 14, 1972, at approximately 6:00 p. m., Trooper George Wynn of the Pennsylvania State Police

[ 461 Pa. Page 636]

    stopped a Ford Thunderbird automobile traveling west on the Pennsylvania Turnpike for a speeding violation.*fn2 The driver, appellant Jackson, produced an operator's license issued to Eddie Jackson of Detroit, Michigan, and a Michigan registration for the vehicle in the name of Teresa Brown of Detroit, Michigan. The appellant Garrett was the vehicle's sole passenger. The officer advised Jackson he would be arrested for speeding and asked him to exit the vehicle. The two then proceeded to the officer's police patrol automobile nearby and Garrett remained in the Ford.

While seated in the police vehicle, Trooper Wynn immediately advised Jackson of his rights as mandated by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The officer then went on to tell Jackson that he "suspected him of transporting large quantities of heroin across Pennsylvania . . ." because he "was familiar with his [Jackson's] stop on the 21st of January, 1972, at which time he had a brown paper bag containing $25,000 in U.S. paper currency" and that on the 21st day of January, 1972, Trooper Wynn "was made aware of information from Detroit . . . that he [Jackson] was a large narcotic dealer in the Detroit area" who used the Pennsylvania Turnpike to transport large quantities of heroin. During the course of this conversation, Jackson said nothing incriminating, but told Trooper Wynn he was traveling from Newark, New Jersey, and had left Detroit on Monday, June 12th.

Trooper Wynn then returned to the Ford automobile and advised Garrett of his Miranda rights. Garrett stated he understood his rights and, upon questioning, informed Trooper Wynn that he and Jackson were traveling from Newark, New Jersey, and had departed from Detroit on Tuesday, June 13th. ...


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