No. 771 Philadelphia, 1982, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Delaware County at No Tr. No. 715-81.
Ruth R. Shafer, Media, for appellant.
Andrew S. Kovach, Assistant District Attorney, Media, for Commonwealth, appellee.
Cercone, President Judge, and Cavanaugh and Wieand, JJ.
[ 320 Pa. Super. Page 97]
This is an appeal from judgment of sentence entered after appellant Crawford, also known as Chuck Rivera, was convicted of burglary following a non-jury trial. The appellant makes several alternate claims that the lower court
[ 320 Pa. Super. Page 98]
improperly denied his pretrial motion to suppress certain evidence of the burglary. We, however, agree with the lower court and affirm.
In this case, appellant was convicted of the January 27, 1981, burglary of a Delaware County (hereinafter "Telgheider") residence. However, the facts leading up to appellant's arrest first involved the January 23, 1981, burglary of a Philadelphia County (hereinafter "Gaudiosi") residence.
With respect to the Gaudiosi burglary, appellant was stopped at 11:50 a.m., on January 28, 1981, in the neighborhood of the burglary, by Philadelphia police who noticed that appellant and his car fit the description of a car and driver seen at the time and place of this crime. Upon approaching the car, the officer noticed that appellant was wearing unusual jewelry, which fit the description of jewelry taken from the Gaudiosi residence. Based on this, appellant was taken to the police station, where he was questioned by the detective working on the Gaudiosi case. The questioning initially covered identification of appellant, including the address of his residence, and later involved questions relating to the burglary itself.
At 6:00 p.m., Mr. Gaudiosi, the victim of the burglary, positively identified the jewelry as his, and at 10:00 p.m., appellant was arraigned. A nighttime search warrant was then issued at 2:00 a.m., January 29, to search No. 1022 South Cleveland St., which was identified in the warrant affidavit as appellant's residence. This warrant was executed thirty minutes later, and yielded, among other things, evidence of the Telgheider burglary, for which the appellant was convicted in this case.
Appellant's first three arguments are alternate claims that the affidavit supporting the search warrant is insufficient to provide probable cause to search No. 1022 South Cleveland St., and that the evidence of the Telgheider burglary, being derived from this search, was tainted and should have ...