HomeMy WebLinkAboutCP-21-CR-0760-2008
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
JASON FRANCIS PIPER : CP-21-CR-0760-2008
IN RE: MOTION TO SUPPRESS EVIDENCE
OPINION AND ORDER OF COURT
Bayley, J., August 21, 2008:--
Defendant, Jason Francis Piper, is charged with unlawful manufacture or
1
possession with intent to deliver a schedule I controlled substance, marijuana. He
filed a motion to suppress evidence upon which a hearing was conducted on August
19, 2008. We find the following facts.
During the late evening of February 24, 2008, Ryan Gan, fireman, fought a fire in
a garage on the property of defendant. The fire was essentially out, and Gan was
performing salvage and overhaul, which is looking for hotspots to be sure that the fire
would not start again. A part of the side of the garage was knocked out by firemen in
order to spray water inside. While standing outside and using his flashlight, Gan saw
what he believed were one and a half to two foot high marijuana plants in containers
inside the garage. He notified his chief, and a call was made to the State Police.
Trooper Adam Reed received a dispatch that firemen had observed suspected
marijuana plants at the scene of the fire. He drove to the scene, walked onto the
__________
1
35 P.S. § 780-113(a)(30).
CP-21-CR-0760-2008
property, and talked to Ryan Gan. While using a flashlight and standing outside of the
garage, Gan showed the trooper the plants. Based on his experience, Trooper Reed
recognized the plants as marijuana and he smelled the odor of marijuana. Trooper
Reed found defendant and his girlfriend outside a mobile home that was next to the
garage. Reed told Piper he saw marijuana plants inside the garage, and Piper told him
that the plants were his. Reed went back to the garage and had Gan go inside and get
Miranda
him the plants. Reed then arrested defendant and read him his rights.
Defendant gave Reed an additional statement. Defendant was removed from the
scene before firemen completed their work and left the property.
Defendant maintains that the seizure of contraband must be suppressed
because it was not done with a search warrant, and all of his statements must be
suppressed as fruit of the poison tree. The motion is clearly without merit. In
Commonwealth v. Person,
385 Pa. Super. 197 (1989), the Superior Court of
Pennsylvania stated:
We hold only that a fireman or fire marshall, who is properly inside
premises in the course of his firefighting duties and responsibilities, may
seize contraband or evidence of criminal activity other than arson which
he inadvertently observed in plain view. Further, when contraband is
observed in plain view by a fire marshall who is properly on the premises,
he may summon a police officer who may observe and seize the
contraband without a warrant.
Accordingly, the following order is entered.
-2-
CP-21-CR-0760-2008
ORDER OF COURT
AND NOW, this day of August, 2008, the motion of defendant to
IS DENIED.
suppress evidence,
By the Court,
Edgar B. Bayley, J.
Daniel Sodus, Esquire
For the Commonwealth
Taylor P. Andrews, Esquire
For Defendant
:sal
-3-
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
JASON FRANCIS PIPER : CP-21-CR-0760-2008
IN RE: MOTION TO SUPPRESS EVIDENCE
ORDER OF COURT
AND NOW, this day of August, 2008, the motion of defendant to
IS DENIED.
suppress evidence,
By the Court,
Edgar B. Bayley, J.
Daniel Sodus, Esquire
For the Commonwealth
Taylor P. Andrews, Esquire
For Defendant
:sal