Opinion
March 27, 1962.
June 12, 1962.
Criminal Law — Constitutional law — Arrest — Warrant — Search and seizure — Reasonableness — Probable cause — Search incident to arrest — Unlawful possession of drugs — Act of July 11, 1917, P.L. 758, as amended.
On appeal by defendant following conviction of unlawful possession of certain drugs, as defined in the Act of July 11, 1917, P.L. 758, as amended, in which it appeared that a police officer, experienced in the narcotics unit of the police force, acting upon information received, proceeded to a bus terminal, and observed the defendant alight from a bus; that the officer, based upon his experience, was of the opinion that defendant was under the influence of narcotics, and arrested defendant; that a subsequent search of defendant disclosed a cellophane packet of heroin concealed in defendant's hatband; that defendant contended that his arrest and the subsequent search and seizure violated his constitutional rights, and that the evidence obtained in the search should be suppressed; and that the court below, holding that, in the circumstances, the police officer could arrest, without a warrant, and search defendant's person, incidental to a valid arrest, dismissed defendant's motion in arrest of judgment; it was Held that the judgment of sentence of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 78, March T., 1962, from judgment of Court of Quarter Sessions of Philadelphia County, June T., 1961, No. 1611, in case of Commonwealth of Pennsylvania v. William Johnson. Judgment affirmed.
Same case in court below: 27 Pa. D. C. 2d 301.
Indictment charging defendant with use and unlawful possession of drugs. Before NEALON, J., specially presiding, without a jury.
Verdict of guilty as to count of possession of narcotics and judgment of sentence entered thereon. Defendant appealed.
Edward K. Nichols, Jr., with him Norris, Green, Harris Higginbotham, for appellant.
Arlen Specter, Assistant District Attorney, with him Charles Jay Bogdanoff, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.
Argued March 27, 1962.
This is an appeal by defendant from a judgment of sentence of the Court of Quarter Sessions of Philadelphia County entered on December 14, 1961.
Defendant was tried before a judge, sitting without a jury, and convicted of unlawful possession of certain drugs, to wit, heroin.
The issue is the reasonableness of the search of defendant's person and the seizure of heroin thereon after arrest without a warrant.
The judgment of sentence is affirmed on the opinion of Judge NEALON of the Forty-fifth Judicial District, specially presiding, as reported in 27 Pa. D. C. 2d 301, with the following additional citations: Draper v. United States, 358 U.S. 307, 79 S. Ct. 329, 3 L. Ed. 2d 327; Lowry v. United States, 9 Cir., 135 F.2d 626; Com. v. Bosurgi, 198 Pa. Super. 47, 182 A.2d 295; Com. v. Richards, 198 Pa. Super. 39, 182 A.2d 291.