HomeMy WebLinkAbout97-2166 criminalCOMMONWEALTH IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. :
97-2166 CRIMINAL TERM
CHARGE: APPEAL FROM SUMMARY:
DEREK ROBERT CLEPPER DISORDERLY CONDUCT
IN RE: Pa.R.C.P. 1925 OPINION
HOFFER, J.:
Defendant appeals his summary conviction for disorderly conduct.
On October 9, 1997, defendant was a renter of, and tenant at, a house at
211 East Orange Street, Shippensburg. Around 11:00 p.m., a neighbor and his
family across the street could not sleep because of the loud music, from a live
band, coming from defendant's house. The neighbor crossed the street, knocked
on the door, and got no response. He then called the police.
The police arrived at 11:41 p.m. They, too, could hear the noise from a
distance. The officer finally got a response at the door. Defendant was one of the
persons who came to the door. Defendant admitted he was in the house forty-five
minutes to one hour before the police arrived.
Defendant cites Commonwealth v. Wagaman, 627 A.2d 735 (Pa. Super
1993) for the proposition that mere presence at the scene of a crime is insufficient
to establish guilt. While that proposition is certainly true, defendant, as a renter of
the premises, had control over the premises, and allowed the noise to continue.
A live band in a neighborhood home at 11:41 p.m. on a Thursday night is certainly
an "unreasonable noise."