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Weitzel v. Rozum

United States District Court, W.D. Pennsylvania

June 12, 2014

BRADLEY C. WEITZEL, Petitioner,
v.
GERALD ROZUM, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and THE DISTRICT ATTORNEY OF BUTLER COUNTY, Respondents.

MEMORANDUM OPINION

LISA PUPO LENIHAN, Chief Magistrate Judge.

Bradley C. Weitzel ("Petitioner"), a state prisoner incarcerated at the State Correctional Institution at Somerset, has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. For the reasons that follow, his petition and a certificate of appealability will be denied.

I. BACKGROUND

The Pennsylvania Superior Court set forth the following recitation of facts underlying this case:

By criminal complaint filed July 19, 2006, [Petitioner], [Petitioner]'s wife, Mary Weitzel, and [Petitioner]'s son, Bradley E. Weitzel, were charged with [manufacturing a controlled substance (marijuana), possession with intent to deliver (marijuana), criminal conspiracy to commit possession and manufacturing of a controlled substance (marijuana), two counts of possession of a controlled substance (marijuana; mushrooms containing psilocybin or psilocin), and possession of drug paraphernalia]. Their cases were joined for prosecution in a single trial pursuant to Pennsylvania Rule of Criminal Procedure 582(A)(2). On February 28, 2007, [Petitioner] filed an omnibus pre-trial suppression motion. The trial court held a hearing on the suppression motion on September 10, and October 22, 2007. On November 1, 2007, [Petitioner] filed a brief in support of his suppression motion. The Commonwealth filed its brief in support of denying [Petitioner]'s motion on November 19, 2007. After hearing evidence and upon review of the parties' briefs, the trial court denied [Petitioner]'s suppression motion on December 6, 2007. In denying [Petitioner]'s motion, the trial court made the following findings of fact[:]
1. Anthony Lemon has been a courier for DHL for two years.
2. On June 22, 2006, Mr. Lemon noticed a package addressed to Bradley C. Weitzel, 441 Portman Rd., Butler, Pa, marked to be delivered to "addressee only".
3. No one was home at the address when Mr. Lemon arrived.
4. As Mr. Lemon walked back to the DHL truck with the package[, a] person arrived and Mr. Lemon informed the person that the package was to be delivered to the addressee only and that he would come back after delivering additional packages.
5. Mr. Lemon received a message within 30 minutes to an hour after going to the address, which stated that anyone could sign for the package.
6. Mr. Lemon continued on his normal route, which took him to the Butler County Courthouse[, ] and [he] ran the suspicious package through the security x-ray machine along with other packages.
7. Mr. Lemon walked around behind the security machine while the package was going through and was able to observe syringes contained in the package.
8. Mr. Lemon took the package to the City of Butler Police Department to ask if someone could look at the strange package.
9. Butler City Police Chief Tim Fennell went to look at the package, which was in the back compartment of the DHL truck.
10. Chief Fennell has been a police officer for 28 years and has been involved with over 1200 drug investigations.
11. Chief Fennell detected a strong organic odor emanating from the package. He further noticed that the return label was from Texas, an indicator state, and that it was to be delivered to "addressee only, " and that the address was outside of his jurisdiction.
12. Chief Fennell requested that the package be turned over to the County Drug Task Force and contacted Detective Cannon.
13. Detective Cannon asked that the package be delivered to the Butler County Courthouse.
14. Mr. Lemon brought the package to the Courthouse and was met by Detective Cannon.
15. Detective Cannon asked Mr. Lemon to bring in other packages and brought in Canine Officer Disco to sniff the packages.
16. Canine Officer Disco "hit" on the package.
17. Lieutenant Mike Dalcamo has been a police officer with the City of Butler for 18 years and is the supervisor of the ...

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