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COMMONWEALTH PENNSYLVANIA v. BILL DEE BRADSHAW (01/27/84)

decided: January 27, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
BILL DEE BRADSHAW, APPELLANT



No. 376 Philadelphia 1982, APPEAL FROM THE JUDGMENT OF SENTENCE OF FEBRUARY 2, 1982 IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, CRIMINAL NO. 586/1980

COUNSEL

Robert A. Lechowicz, Telford, for appellant.

Douglas Maloney, Assistant District Attorney, Doylestown, for Commonwealth, appellee.

Cirillo, Johnson and Cercone, JJ.

Author: Cirillo

[ 324 Pa. Super. Page 251]

This case involves an appeal from the judgment of sentence entered against appellant, Bill Dee Bradshaw, on February 2, 1982, in the Court of Common Pleas of Bucks County. Appellant was convicted by a jury on charges of burglary, theft, and receiving stolen property.

On January 25, 1980, appellant burglarized the home of Mr. and Mrs. Glenn Limburg, 32 Deep Dale Drive East, Levittown, in Bucks County. Appellant was arrested the next day in Philadelphia for attempting to use a credit card belonging to Mrs. Limburg. The Philadelphia police conducted a search of appellant's person incident to that arrest. This search yielded several items which were taken in the burglary, including various credit cards, Mr. Limburg's wallet, and the contents of the wallet.

On January 29, 1980, Detective Richard Dechant of the Middletown Township Police Department, Bucks County, filed a criminal complaint and affidavit of probable cause for the arrest of appellant on charges arising from the January 25th burglary. Because appellant was in police custody in Philadelphia, Detective Dechant lodged a detainer with the Philadelphia Police Department. Appellant was made available to Middletown Township authorities on February 8, 1980, on which date he was arrested and arraigned on the above charges. No further search was conducted by the police at this time. Hence, the only items seized from appellant were those seized incident to his arrest in Philadelphia on January 26, 1980.

Subsequently, appellant filed a pre-trial motion to suppress the evidence seized from him "prior to and incident to and subsequent to the arrest" on February 8, 1980. Appellant did not, however, specifically challenge or refer to

[ 324 Pa. Super. Page 252]

    either the arrest or seizure which occurred on January 26, 1980.

At the suppression hearing, the Commonwealth produced the affidavit of probable cause for arrest and presented the testimony of Detective Dechant. This evidence was introduced in order to establish that probable cause existed for an arrest. The Commonwealth did not, however, present evidence at the suppression hearing to establish that any searches or seizures were valid. Detective Dechant, who was subjected to cross-examination, testified that no items were seized from appellant on February 8, 1980, the date appellant referred to in the motion to suppress.

As a result of appellant's failure to attack specifically the seizure of January 26, the suppression hearing judge, the Honorable Edmund B. Ludwig, denied appellant's motion to suppress. The case proceeded to a jury trial on May 15, 1980, and on May 19, 1980, the jury convicted appellant on all charges. Post trial motions were filed and denied. On February 2, 1982, ...


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