No. 1926 October Term, 1978, Appeal from the Judgment of Sentence entered in the Court of Common Pleas, Philadelphia County, Criminal Division, Nos. 2181 and 2182, June Session, 1977
Donald G. Joel, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Brosky, Wickersham and Eagen, JJ.*fn* Eagen, J., concurs in the result.
[ 280 Pa. Super. Page 280]
Joseph Daniels was found guilty at trial without a jury of possession, possession with intent to deliver, and manufacturing with intent to deliver a controlled substance. He was sentenced to seven and one-half (7 1/2) to fifteen (15) years imprisonment on June 22, 1978. This appeal followed.
On May 11, 1977, Officers Arthur Mee and Paul Rich responded to a telephone call from an anonymous caller that a screaming white female was being taken from a car to a building. The caller only identified himself as a third floor tenant of the same building-2335 North 13th Street, Philadelphia, Pennsylvania. The policemen rushed to the location of the alleged crime.
Upon arrival, one of the officers knocked on the front door of the apartment identified by the anonymous caller and announced himself by asking if everything was "all right" (appellant's brief, page 2). Appellant unlocked the door, did not respond to the policeman's questions, and allowed the policemen to enter. Appellant walked through the apartment, followed by Officer Rich, to a bedroom. Officer Mee entered the front room of the apartment where he discovered Catherine Snelick, a white female.
Officer Rich discovered a box of plastic bags "containing a tan substance, later identified as heroin" (appellant's brief, page 2). The box was open and within Officer Rich's plain view. Officer Rich stated in his testimony, described what inadvertently came into his view when he entered appellant's room: ". . . At that point, straight ahead of us (Officer Rich and Daniels) on the dresser, was a box containing I believe, it was thirty bundles of tan powder." Officer Mee found Ms. Snelick sitting on the floor partially covered with a green plant, later identified as marijuana, rolling a cigarette containing the plant. Joseph Daniels and Catherine Snelick were then placed under arrest and taken into custody.
[ 280 Pa. Super. Page 281]
Ms. Snelick subsequently obtained an agreement from the Commonwealth not to prosecute in return for her testimony.
A hearing was held, pursuant to Daniels' motion to suppress evidence illegally seized, on December 22, 1977. The lower court suppressed evidence not within Officer Rich's plain view taken from a bureau in the bedroom. All other physical evidence was not suppressed.
Appellant bases this appeal on three issues: first, whether the lower court erred in not suppressing all physical evidence; second, whether Catherine Snelick was properly immunized to give testimony; and third, whether the Commonwealth laid a proper foundation to use police chemist Perkins, who ...