Commonwealth v. Rozier, PICS Case No. 17-1393 (C.P. Lawrence Aug. 25, 2017) Cox, J. (22 pages).
A criminal defendant's motion to suppress evidence was granted where police officers performed a protective sweep of a residence without articulable facts regarding the officers' safety.
September 29, 2017 at 01:50 PM
3 minute read
Motion to Suppress • Protective Sweep • Articulable Facts
Commonwealth v. Rozier, PICS Case No. 17-1393 (C.P. Lawrence Aug. 25, 2017) Cox, J. (22 pages).
A criminal defendant's motion to suppress evidence was granted where police officers performed a protective sweep of a residence without articulable facts regarding the officers' safety.
Law enforcement officials received information concerning the presence of defendant at a residence on Wilmington Ave. in New Castle, Pennsylvania. Defendant had at least one outstanding warrant and he was wanted by the Pennsylvania Board of Parole and Probation. Police organized a special response team to apprehend defendant at the address on Wilmington Ave. Defendant's criminal history indicated he may have had a firearm. When police arrived at the residence they surrounded the building and called out to defendant on a loudspeaker. Officers observed people moving up and down a stairwell which was visible through a window. Defendant exited the front of the residence. Eventually, three other individuals also exited the residence. The people who had left the house stated no one was left inside, and the police noted no further movement inside the house. Following defendant's arrest, several police officers were standing on the front porch of the residence discussing the significant aroma of marijuana. Officers then decided to perform a sweep of the residence.
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