United States District Court, M.D. Pennsylvania
William W. Caldwell United States District Judge
before the court is Defendant Christian Hogan's
(“Defendant”) motion (Doc. 40) to suppress
physical evidence seized by police during the searches of two
separate residences, as well as statements allegedly made by
Defendant during each of the searches.
Events Leading to Defendant's Indictment
about September 22, 2015, Officer Adam Bruckhart of the West
Manchester Township Police Department submitted an
application for a search warrant with respect to premises
described as “327 E. Philadelphia Street, 1st floor
apartment, York, PA, ” including “any cartilage
[sic] associated with the residence as well as all persons
present during the service of the warrant.”
(See Doc. 41-1 at 1, 3). The application sought
permission to search for and seize “[h]eroin, a
schedule I controlled substance, along with any other drugs,
paraphernalia, packaging materials, scales, illegal weapons,
business records, cash, identification, documents, and other
physical items relating to the possession, distribution, and
sale of dangerous drugs.” (Id.) Officer
Bruckhart's affidavit of probable cause in support of the
application provided, in relevant part, as follows:
Within the past 72 hours, I met with a confidential informant
(CI) who stated that . . . a drug vending operation is taking
place at 327 E. Philadelphia St., 1st floor apartment, York,
PA. Specifically, the CI stated that a large build black
male, approx. 35 YOA, later identified as [Defendant], is
using his residence, 327 E. Philadelphia St., 1st
floor apartment, to package bulk heroin for resale. The CI
stated that [Defendant] is then selling the bundled heroin
from the residence. The CI stated that they had purchased the
heroin from [Defendant] for more than three months, including
several times within the past month.
Through an independent investigation, I obtained a photo of
[Defendant]. I showed this photo to the CI. The CI confirmed
the identity of [Defendant] via this photograph. A PA DL
check indicates that [Defendant] lists his address as 327 E.
Philadelphia St., York, PA. A public records check also
indicates that [Defendant] lists his address as 327 E.
Philadelphia St., York, PA. I responded to the area of 327 E.
Philadelphia St., York, PA and observed the name
“Hogan” on the 1st floor apartment mail box. A
criminal history check indicates that [Defendant] was charged
with felony drug offenses on 06/03/08 and plead guilty.
Within the past 72 [hours], I directed the CI to purchase a
sum of heroin from [Defendant]. Prior to the transaction, I
searched the CI for any type of contraband with negative
results, provided the CI with official funds, and escorted
the CI to the area of 327 E. Philadelphia St., York, PA. A
short time later, police observed [Defendant] exit 327 E.
Philadelphia St., 1st floor apartment, and responded directly
to an arranged location. At this location, [p]olice observed
[Defendant] briefly meet with the CI and conduct a
hand-to-hand transaction with the CI. After the transaction,
the CI then responded to a predetermined location where the
CI turned over a sum of heroin which they stated had been
purchased from [Defendant]. The CI was searched again for any
type of contraband with negative results. During the entire
incident, police kept the CI under constant surveillance. The
heroin was field-tested with a positive result.
Also after the transaction, police kept constant surveillance
on [Defendant], who was observed entering 327 E. Philadelphia
St., 1st floor apartment, York, PA several minutes after the
(Id. at 2-3).
September 23, 2015, after a Magisterial District Judge
granted Officer Bruckhart's application for a search
warrant, a group of eight police officers, including Officer
Bruckhart, traveled to the aforementioned apartment at 327
East Philadelphia Street to execute the warrant. (Doc. 45 at
13). When the officers arrived, Defendant refused to open the
door, and officers gained access to the apartment by
breaching the front door. (Id.) As officers entered
the apartment, Defendant allegedly attempted to reach for a
handgun in the front bedroom, but he was taken into custody
before he could obtain the gun. (Id.) After he was
taken into custody, Officer Bruckhart conducted an interview
with Defendant. (Id.) In that interview,
Defendant stated that police would find a handgun, heroin,
and cash within the apartment, and he admitted that those
items belonged to him. (Id.) Defendant also admitted
to selling heroin, and he admitted that he had acquired a
“street” gun because someone had robbed him
earlier in the week. (Id.) Defendant conceded that
he was not permitted to possess the gun because of prior
felony convictions. (Id.) Police searched various
rooms within the apartment and seized contraband, including a
loaded revolver, raw heroin, drug paraphernalia, and $2,
424.00 in cash. (Id. at 13-14).
on or about February 24, 2016, Officer Clayton Glatfelter of
the York City Police Department submitted an application for
a search warrant with respect to premises described as
“766 W. Market St., 2nd flr., apartment 4 and any
curtilage associated with the listed address in the City of
York.” (Doc. 41-2 at 3). The application sought
permission to search for and seize “[h]eroin, a
schedule II controlled substance, along with any other drugs
or paraphernalia, packaging materials, scales, business
records, official funds, firearms, ammunition, identification
and other documentary and physical items relating to the
possession, distribution and sale of narcotic and dangerous
drugs.” (Id. at 1, 4). In his affidavit of
probable cause in support of the application, Officer
Glatfelter wrote, in relevant part, as follows:
In February 2016 I received information from two Confidential
Sources (CS) that a black, heavyset, male drug dealer
currently resides at 766 W. Market St., 2nd flr.,
apartment 4 in the City of York. Where he is currently
conducting a drug vending operation at his residence by
storing large quantities of heroin at his residence as well
as selling heroin from his residence.
Through the information provided by a Reliable Confidential
Source (RCS), the drug dealer was identified through
departmental records and state databases as [Defendant]. A
picture obtained from state databases was shown to the RCS
who positively identified [Defendant] as the individual who
is currently residing at 766 W. Market St., 2nd flr.,
apartment 4 in the City of York where he is conducting a drug
vending operation from his residence by storing and selling
Heroin at his residence. In February, 2016 [Defendant] had
police contact at which time [Defendant] was identified by PO
Craven, PO Lentz and PO Martin and he provided them with the
address of 766 W. Market St. York, PA as his current
A criminal history obtained for [Defendant] revealed that in
Pennsylvania in June, 2008 he plead [sic] guilty to Felony
charges of Possession with Intent to Deliver A Controlled
Substance. In September, 2015 [Defendant] was arrested for
Felony charges of Persons not to Possess a Firearm and
Possession with Intent to Deliver a Controlled Substance for
which no disposition is currently reported. In New York
[Defendant] was convicted of or plead [sic] guilty to six
Felony and Misdemeanor offenses for Drug offenses, Robbery
and Attempted Possession of Forged Instrument.
Within the last 72 hours this officer met with the RCS in
order to purchase Heroin from [Defendant]. The RCS was
searched for contraband with negative results. The RCS was
taken to the area of 766 W. Market St. York, PA and was
supplied with official recorded funds (photocopied). The RCS
was observed entering 766 W. Market St., York, PA and then
exiting a few minutes later. The RCS returned directly to
Det. Nadzon at which time they turned over an amount of
heroin they had purchased from inside 766 W. Market St., Apt.
4, York, PA[.] The RCS was searched again for contraband with
negative results. The RCS observed [Defendant] in possession
of Heroin packaged for sale. The RCS also told police that
[Defendant] had additional amounts of Heroin for sale. The
RCS was kept under constant police surveillance during this
incident. This officer later field tested the heroin
purchased by the RCS, which field tested as such.
Over the past month officers utilized an RCS to purchase
Heroin from [Defendant] on two separate occasions. Both times
[Defendant] was identified by officers as the person who sold
the heroin. On both occasions the Heroin obtained from
[Defendant] field tested positive as such by this officer.
Charges in these incidents are pending.
RCS is an admitted past drug user/seller and is familiar with
how drugs are packaged and sold in York County. RCS should be
considered reliable and has provided information in the
recent past that has proven to be true and correct. That
information lead [sic] to a Felony arrest where cocaine,
marijuana and cash were seized.
(Id. at 2-3).
February 26, 2016, after a Magisterial District Judge granted
Officer Glatfelter's application for a search warrant,
nine officers, including Officer Glatfelter, traveled to the
aforementioned apartment at 766 West Market Street to execute
the warrant. (Doc. 45 at 26). Upon entry into the apartment,
the officers encountered Defendant in the living room.
(Id.) According to an incident report, Detective
Scott Nadzom read Defendant his Miranda
rights and informed Defendant that the officers
had a warrant to search the apartment. (Id. at 28).
Officer Glatfelter reported that he read the warrant to
Defendant, and that Defendant stated that he understood his
Miranda warnings as read by Detective Nadzom.
(Id. at 26). Officer Corey Ames, Detective Nadzom,
and Detective Seelig then began to search the apartment,
while Officer Glatfelter interviewed Defendant.
(Id.) During the interview, Defendant claimed that
he did not personally use heroin or cocaine, but he admitted
that he had 6-7 grams of heroin located in a shoe box in the
apartment's living room. (Id.) Defendant also
stated that he had approximately $400.00 on a dresser.
(Id.) Defendant indicated that he lived at the
apartment, which belonged to his mother, and that his mother
and sister also lived in the apartment. (Id.)
Defendant asserted that neither his mother nor his sister had
any contraband in their rooms, and that anything illegal in
the apartment belonged to ...