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COMMONWEALTH PENNSYLVANIA v. RICHARD SANTANA (02/23/84)

submitted: February 23, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD SANTANA, APPELLANT



No. 35 October Term 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County at No. 635 July Term 1977.

COUNSEL

Stephen P. Gallagher, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Wickersham, Montemuro and Montgomery, JJ.

Author: Wickersham

[ 329 Pa. Super. Page 428]

On July 8, 1977, appellant, Richard Santana, was arrested and charged with criminal conspiracy*fn1 and theft by receiving stolen property; and thereafter moved to have certain physical evidence suppressed, which motion was denied on December 8, 1977 by the Honorable Abraham J. Gafni.*fn2 After waiving a jury trial, the appellant was found guilty of both charges by the Honorable Marvin R. Halbert on April 5, 1978. On January 3, 1979, Judge Halbert

[ 329 Pa. Super. Page 429]

    granted appellant's motion in arrest of judgment on the conspiracy conviction, but denied any post-verdict relief on the theft by receiving stolen property conviction. Appellant was then sentenced to six (6) to twenty-three (23) months imprisonment. This appeal timely followed.

In this appeal, appellant challenges the suppression court's ruling that the police officers had probable cause to effect a warrantless arrest and search and that, therefore, the seizure of the physical evidence (air conditioners) was entirely proper. Specifically, appellant states the issues as follows:

1. Whether the suppression court erred in refusing to suppress physical evidence seized in a private residence at night without a warrant in violation of the fourth amendment protections against unreasonable search and seizures.

2. Whether the suppression court erred in refusing to suppress physical evidence seized without probable cause and without a warrant in violation of the fourth amendment.

Brief for Appellant at 2.

We must examine the circumstances surrounding the crime and the subsequent search ...


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