HomeMy WebLinkAboutCP-21-CR-1111-2003COMMONWEALTH
V.
NELSON ANTONIO GALICIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-1111 CRIMINAL
IN RE: DEFENDANT'S OMNIBUS PRETRIAL MOTION
BEFORE GUIDO, J.
MEMORANDUM OPINION AND ORDER
After hearing on defendant's Omnibus Pretrial Motion to Suppress Evidence, it is
granted in part. We conclude that the defendant was in custody at the time he was frisked
and placed in the car of Detective Smith. We find that Officer Heredia initially
questioned the defendant without the benefit of Miranda. When it became apparent that
the defendant was about to provide details of the sexual encounter, Officer Heredia took a
short break, which is reflected in his handwritten notes of the interview. (Commonwealth
Exhibit 2). Immediately after the break, the officer advised the defendant of his Miranda
rights, which the defendant knowingly, intelligently and voluntarily waived. Under these
circumstances, we are constrained to suppress any statements made prior to the break.
However, the statements made after the break, and with the benefit of Miranda, will not
be suppressed. See Commonwealth v. Dedesus, 567 Pa. 415, 787 A.2d 394 (2001) cert.
denied, 123 S. Ct. 580 (2002).
NO. 2003-1111 CRIMINAL
ORDER OF COURT
AND NOW, this day of AUGUST, 2003, the Commonwealth is
precluded from using in its case in chief any statements made by defendant in response to
questioning by Officer Heredia prior to the "short break" as indicated on his handwritten
notes of the interview.
Evidence is DENIED.
In all other respects, the Defendant's Motion to Suppress
By the Court,
District Attorney
Spero T. Lappas, Esquire
For the Defendant
:sld
Edward E. Guido, J.