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HomeMy WebLinkAboutCP-21-CR-0167-2004COMMONWEALTH LUIS SANTIAGO BRITO IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-167-2004 MOTION OF DEFENDANT TO SUPPRESS EVIDENCE BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., May 18, 2004:-- Defendant, Luis Santiago Brita, is charged with a count of unlawful possession with intent to deliver a scheduled II controlled substance,1 and unlawful possession of a scheduled II controlled substance? He filed a motion to suppress evidence upon which a hearing conducted on May 6, 2004. We find the following facts. On November 8, 2003, a 1:30 p.m., Trooper Bryan Henneman of the Pennsylvania State Police stopped a vehicle on Interstate 81 in Cumberland County traveling 82 miles per hour in a 65 mile per hour zone. There was one passenger in the front seat, defendant Luis Santiago Brita. Trooper Henneman told the driver the reason for the stop then asked for his cards. The only document the driver provided was a social security card. He told the trooper his date of birth. Trooper Henneman radioed the name on the social security card with the date of birth to his station which 1 35 P.S. § 780-113(a)(30) and 18 Pa.C.S. § 306. 2 35 P.S. § 780-113(a)(16) and 18 Pa.C.S. § 306. CP-21-CR-167-2004 obtained -2- CP-21-CR-167-2004 a NCIC printout on "Gonzalez, Jose Angel," date of birth "December 16, 1975." Trooper Henneman was informed that the driver was a possible deported criminal, aggravated felon. The trooper called for backup and another trooper arrived. While standing outside the vehicle and looking through a window the troopers saw a license plate lying upside down in the rear hatch area of the vehicle. The driver was asked for consent for the officers to get the license plate. He consented. The other trooper opened a car door so he could reach in the back to get the plate. He saw a clear plastic bag in which he could see a white powdery substance, which he seized. That substance, which turned out to be over fifty grams of cocaine, forms the basis of the prosecution in this case. At a later time, Trooper Henneman learned that the driver was not Jose Angel Gonzalez born on December 16, 1975. In his motion to suppress evidence, defendant avers that he was a passenger in the vehicle driven by "Edil Gonzalez Rosas," and that "Mr. Rosas is a citizen of Puerto Rico and could not therefore have been the subject of a valid detention for immigrations purposes." It is evident, however, that the name on the social security card, with the date of birth that the driver provided to Trooper Henneman, was Jose Angel Gonzalez, born December 16, 1975. Thus, Trooper Henneman was in receipt of information based on the name and birth date given to him by the driver that he was a -3- CP-21-CR-167-2004 possible deported criminal, aggravated felon. 3 Trooper Henneman having lawfully stopped defendant for the summary offense of speeding had a right to obtain his identification and detain him, even to the extent of taking him to a state police barracks, until he got it. See Commonwealth v. Williams, 390 Pa. Super. 493 (1990). When the name on the social security card and the birth date provided by the defendant turned out to be a deported criminal, aggravated felon, Trooper Henneman lawfully took him into custody. Defendant's argument that we should apply the holding in Commonwealth v. Edrnunds, 526 Pa. 374 (1991), that there is no good faith exception to the exclusionary rule in Pennsylvania, is not applicable to the facts of this case. Defendant gave false identification to the trooper. It was his fault that the person he claimed to be was subject to detention. There was no mistake by Trooper Henneman. Thus, defendant was properly detained when he voluntarily consented to the trooper's retrieving the license plate in his vehicle. While the trooper was doing that the crack cocaine came into his plain view and was lawfully seized. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this day of May, 2004, the motion of defendant to 3 Commonwealth Exhibit 1, the NCIC printout, specifically sets forth that the subject is "A DEPORTED CRIMINAL/AGGRAVATED FELON," AKNGONZALEZ, ENEMY, AKNGONZALEZ, JOSE, AKNGONZALES, JOSE A., and AKNGONZALEZ, JOSE LUIS. "IMMEDIATE HIT CONFIRMATION AND AVAILABILITY OF BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINER. MKE/IMMIGRATION VIOLATION -- DEPORTED FELON." -4- CP-21-CR-167-2004 suppress evidence, IS DENIED. By the Court, Jonathan R. Birbeck, Esquire Assistant District Attorney H. Anthony Adams, Esquire For Defendant :sal Edgar B. Bayley, J. -5- COMMONWEALTH LUIS SANTIAGO BRITO IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-167-2004 MOTION OF DEFENDANT TO SUPPRESS EVIDENCE AND NOW, this suppress evidence, IS DENIED. BEFORE BAYLEY, J. ORDER OF COURT day of May, 2004, the motion of defendant to By the Court, Jonathan R. Birbeck, Esquire Assistant District Attorney H. Anthony Adams, Esquire For Defendant :sal Edgar B. Bayley, J.