Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Lycoming County, No. 79-10, 644. Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Lycoming County, No. 79-10, 609.
Kevin H. Way, Assistant Public Defender, Williamsport, for appellant at No. 1588.
James R. Protasio, Assistant Public Defender, Mount Carmel, for appellant at No. 1688.
Kenneth Osokow, Assistant District Attorney, Williamsport, for Commonwealth, appellee.
Wickersham, Wieand and McEwen, JJ.
[ 298 Pa. Super. Page 13]
Jerry Lee Banks and Walter Brown were tried non-jury, convicted, and sentenced for robbery,*fn1 burglary,*fn2 and conspiracy to commit a criminal act.*fn3 Their separate appeals have been consolidated because they raise the same principal issue. That issue is whether evidence obtained by police following appellants' arrests should have been suppressed because Williamsport police officers made the arrests outside the limits of the City of Williamsport. We conclude that the arrests were proper and, finding no merit in appellants' remaining arguments, affirm the judgments of sentence.
On October 14, 1979, at or about 8:45 p. m., police in the City of Williamsport responded to a report that a robbery had been committed at the home of Raymond Hinebauch on Freedom Road. Two elderly victims of the robbery told
[ 298 Pa. Super. Page 14]
police that four men wearing ski caps had perpetrated the crime. They specifically identified one of the appellants, Jerry Banks, by name, for he had previously been known to them. Included in the items taken during the robbery was a purse containing $500. Police scoured the neighborhood but were unable to find the robbers or identify the direction in which they fled. Two units, therefore, proceeded to the residence of Jerry Banks. This was located less than one mile from the Hinebauch home but outside the city limits of Williamsport in Loyalsock Township. The officers drove slowly, making a visual search of the area for the robbers and for evidence that might assist them at a later time. A short distance from the Hinebauch home they found lying in the road a knit ski cap of the type worn by the four men.
Approximately thirty minutes after the initial broadcast had gone out over police radio, the two police vehicles arrived at the Banks home. Through the windows of the house police were able to observe four men, including Banks. One officer knocked on the door; whereupon, Banks responded and opened the door. The officer read Miranda warnings to Banks and obtained Banks' consent for the four policemen to enter the home. Miranda warnings were thereafter read also to the other three men and their names and addresses were obtained. No further questions were asked, however, pending the arrival of a superior officer.
Several minutes later, Lt. William Miller of the Williamsport Police Department arrived and asked one of the four men with whom he was acquainted, Boyd Beatty, to accompany him outside. While both men sat in a police car, Miller read Beatty his Miranda rights, after which Beatty gave a statement implicating the four men. Arrests were made and a search of the persons of the men produced a woman's purse containing twenty $20 bills, a wallet with $45, and a pocket knife. All of the men except Banks waived their Miranda rights and gave statements concerning the robbery.
After appellants had been arraigned, omnibus pre-trial motions were filed, consolidated for hearing, and heard before the Honorable ...