No. 00768 PITTSBURGH, 1982, Appeal from the Judgment of Sentence in the Court of Common Pleas, Criminal Division, of Allegheny County, No. CC8100324.
Leonard I. Sharon, Pittsburgh, for appellant.
Dara A. DeCourcy, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.
Cavanaugh, Popovich and Hester, JJ.
[ 331 Pa. Super. Page 200]
This is an appeal from the judgment of sentence entered June 11, 1982 in the Court of Common Pleas of Allegheny County.
On December 16, 1980, a search warrant was issued for appellant's residence at 5819 Wellesley Avenue, Pittsburgh, to enable Pittsburgh Police detectives to seize cocaine, marijuana, and instruments used to package and administer these drugs. The probable cause section of the warrant included evidence of the detective's reasonable belief that the above-mentioned drugs were in the appellant's possession at his apartment, stating that:
[ 331 Pa. Super. Page 201]
The affiant detective received the following information from a reliable and confidential source. This source states that within the past 48 hours the informant and an acquaintance were in the above described residence of Randy Healy [sic] and did observe Randy and an unknown white male weighing a white powder which Randy stated was good coke "cocaine." After weighing out approx. an ounce, the unk. white male then gave Randy a large sum of U.S. currency for the cocaine. The informant also observed Randy packaging cocaine into gram lots which Randy stated were for street distribution. The informant's acquaintance did purchase a gram of cocaine from Randy for $120.00. This incident all took place after 10 p.m. and Randy stated that the best time to buy off of him was after 10 p.m. for this is when he deals. A check with the ID section revealed that Randy Healy [sic] has a prior arrest for VUFA, and the informant stated that Randy has several guns in the apt. which the informant did observe within the past 48 hours. Informant has proven to be reliable by giving information which has led to the arrest and conviction of Jerome Gerber on 2-1-75 and Gary Kelly in 1975. Both actors were arrested for controlled substances and convicted of same.
Structured upon the above, a magistrate found that probable cause existed for a search of appellant's apartment.
At approximately 7:30 p.m. on December 16, 1980, four Pittsburgh police officers went to appellant's apartment. Upon arrival, they found appellant standing in front of his apartment building loading various articles into the trunk of his car. Detective Richard Barrett then approached appellant, identified himself, and informed appellant that he had a search warrant for his apartment. Appellant requested to see the warrant and Detective Barrett complied, whereupon the four detectives accompanied appellant to his apartment. Once inside, the detectives seized 1,108.51 grams of marijuana, 12.945 grams of cocaine, certain items used to cut and free-base cocaine, a gun, and $3,075.00. As soon as these items were discovered, the detectives placed both
[ 331 Pa. Super. Page 202]
appellant and his wife under arrest and advised them of their Miranda rights. Appellant, at this time, made a statement to the detectives that the ...