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Commonwealth v. Perea

Defendant had no privacy interest in derelict vehicle used to store drugs for curbside sales; thus, police did not require warrant to search vehicle for illegal drugs, and items seized were admissible at trial.

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�1 The sole issue before us in this direct appeal is whether the trial court erred in denying a motion to suppress physical evidence seized by the police, without a warrant, from a parked motor vehicle.

�2 Appellant Adalberto Perea was found guilty in a bench trial of possession with intent to deliver a controlled substance, and received a sentence of two to four years imprisonment, with boot camp eligibility. He argues that in the absence of exigent circumstances, the search of the car violated Article I, � 8 of the Pennsylvania Constitution. Commonwealth v. White, 53 Pa. 45, 669 A.2d 896 (1995). We disagree, and affirm judgment of sentence.

�3 The facts of the case are uncontested. On October 6, 1998, in Philadelphia, police officer Joseph McCook conducted a surveillance in the 3000 block of Swanson Street, an area known for high crime and drug activity. On that afternoon, McCook observed appellant engage in drug transactions, in which he received cash from a customer, and then walked to a parked van on a side street. Appellant removed small packages from the front bumper of the van and handed them to the customer, who then drove away without being stopped. A second customer, subsequently identified as Joseph Baer, drove up and gave appellant some cash. He, too, received some objects from the bumper of the van. When Baer drove away, he was stopped by police and placed under arrest. A bag of heroin, stamped “diabolic,” was found on his person.

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