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[U] In re D.B.

Superior Court of Pennsylvania

February 26, 2014

IN THE INTEREST OF: D.B. APPEAL OF: D.B.

NON-PRECEDENTIAL DECISION

Appeal from the Adjudication of Delinquency entered January 22, 2013, in the Court of Common Pleas of Philadelphia County, Juvenile Division, at No(s): CP-51-JV-004785-2012

BEFORE: ALLEN, JENKINS, and FITZGERALD [*] , JJ.

MEMORANDUM

ALLEN, J.

D.B. ("Appellant") appeals from the dispositional order entered following his adjudication of delinquency for possession of a firearm by a minor, 18 Pa.C.S.A. § 6110.1. We affirm.

The juvenile court summarized the facts and procedural posture as follows:

On December 23, 2012, [Philadelphia Police Officer Mark] Marchetti was working with a partner as he drove their police car on Wilton Street in Philadelphia at 11:35 p.m. Officer Marchetti saw [Appellant] and three other young men "duck into a breezeway" on Wilton Street as Marchetti and his partner drove past the group. Officer Marchetti made a u-turn at the next corner and drove back toward [Appellant] and the other young men. Officer Marchetti drove directly toward [Appellant]. The other three men had walked away from [Appellant] and were on the other side of Wilton Street. Officer Marchetti saw [Appellant] pull a black handgun from his waistband and drop it on the ground from a distance of 20 feet. Officer Marchetti immediately recovered the gun, which was loaded and operable. Officer Marchetti also took [Appellant] into custody and placed him in the police car for transportation to the police district.

Inside the police car, Officer Marchetti spoke to [Appellant] and:

"told him, [w]hat are you doing carrying this firearm? You're a young man. You don't need this."
[Appellant] then stated that he found the gun. Officer Marchetti did not testify that he Mirandized [Appellant] before telling him that he should not be carrying a firearm.

Juvenile Court Opinion, 4/8/13, at 2 (citations to notes of testimony and footnote omitted).

Appellant was charged with possession of a firearm by a minor. On January 8, 2013, Appellant moved for suppression of the statement he made to Officer Marchetti while being driven to the police station. The Juvenile Court denied Appellant's motion. That same day, Appellant was adjudicated delinquent for possessing a firearm as a minor, and on January 22, 2012, the trial court entered a disposition order committing Appellant to a juvenile facility.

Appellant filed a timely notice of appeal. Both Appellant and the juvenile court have complied with Pa.R.A.P. 1925. Appellant presents one issue on appeal:

Should not [Appellant's] incriminating statement be suppressed where the arresting officer elicited the statement during custodial interrogation without first ...

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