Commonwealth v. Coughlin

199 A.3d 401

COMMONWEALTH of Pennsylvania, Appellant

v.Padraic COUGHLIN

No. 3492 EDA 2016

Superior Court of Pennsylvania.

Argued July 10, 2018

Filed November 14, 2018

Michael L. Erlich, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Victor E. Rauch, Public Defender, Philadelphia, for appellee.

BEFORE: GANTMAN, P.J., BENDER, P.J.E., PANELLA, J., SHOGAN, J., LAZARUS, J., STABILE, J., DUBOW, J., NICHOLS, J., and McLAUGHLIN, J.

OPINION BY McLAUGHLIN, J.:

The Commonwealth appeals from the order entered October 11, 2016, granting Padraic Coughlin's motion to suppress physical evidence seized by police and statements made following his arrest. As police had a reasonable basis to conduct a protective sweep of Coughlin's home to confirm that no injuries had occurred following corroborated reports that he had fired an assault rifle multiple times, we conclude that police properly invoked the emergency aid exception to the Fourth Amendment protection against warrantless entry of a home. Accordingly, we reverse in part and remand for further proceedings.

In August 2015, Philadelphia police responded to a radio call reporting that multiple shots had been fired in the back yard of a residence located in a high-crime neighborhood. Peering into the back yard while perched upon a wall, police observed a white male, later identified as Coughlin, as well as numerous shell casings on the ground. Seeing no firearm—in the back yard or on his person—police secured Coughlin and asked him if anyone else was in the residence. Upon receiving inconsistent answers from Coughlin, police performed what they later described at the suppression hearing as a "protective sweep" of the home to insure that no one had been injured. On the second floor, police found and seized an assault rifle. See generally Notes of Testimony (N.T. Suppression), 10/11/2016.

Police charged Coughlin with a violation of the Uniform Firearms Act (VUFA), 18 Pa.C.S.A. § 6106 ; possessing instruments of crime (PIC), 18 Pa.C.S.A. § 907 ; and recklessly endangering another person (REAP), 18 Pa.C.S.A. § 2705. In February 2016, the VUFA charge was quashed.

Thereafter, Coughlin filed an omnibus pretrial motion, seeking suppression of the assault rifle and statements made to police following his arrest. See Omnibus Motion, 02/03/2016; N.T. Suppression at 6. Following a hearing, the suppression court granted Coughlin's motion.¹

The Commonwealth timely appealed.² In its Pa.R.A.P. 1925(b) statement, the Commonwealth challenged the suppression of the firearm but declined to preserve any claim regarding the suppression of Coughlin's statements. Commonwealth's Pa.R.A.P. 1925(b) Statement, 11/08/2016. The court filed a responsive opinion, in which it detailed its findings:

According to the testimony of Commonwealth witness Police Officer Paul Sulock, on August 30, 2015 at approximately 9:20 p.m., Officer Sulock together with his partner [ ] responded to a radio call for a possible shooting at 1826 East Madison Street in the City and County of Philadelphia. As Officer Sulock pulled up to [ ] East Madison Street, two white females and a younger white male flagged them down. One of the white females, Jessica Cupps, told Officer Sulock that there was a white male, dressed in all black, by the name of Pat, appearing "crazy," and shooting an assault rifle in the back of the property.

Officer Sulock and Officer Rebstock[ ] went to the back of Ms. Cupps' property at 1828 East Madison Street to obtain access to 1826 East Madison Street where the alleged shooting was reported to have occurred. When Officer Sulock got to the back of Ms. Cupps' property, he observed a seven (7) foot high cement wall separating the back yard[s of the adjoining East Madison Street properties.] While Officer Rebstock gave Officer Sulock protective cover, Officer Sulock straddled the wall, shone a flashlight into the back yard of 1826 East Madison Street, noticed bullet casings, and [Coughlin] came out of the door at a fast pace. Officer Sulock drew his weapon, ordered [Coughlin] to the ground, [Coughlin] immediately complied, and Officer Sulock promptly placed [Coughlin] in handcuffs. Officer Sulock noted that [Coughlin] was "very compliant" with all of his commands. Once [Coughlin] was on the ground in handcuffs, Officer Sulock[ ] began to question [him]. Specifically, Officer Sulock asked [whether Coughlin] had a gun on his person and whether anyone else was inside the property. [Coughlin] responded that he did not have a weapon but was inconsistent as to whether others were inside [his residence]. At this point, there were approximately four (4) to five (5) officers on the scene while Officer Sulock stood in the back yard. At no point did Officer Sulock hear or see evidence that anyone else was in [Coughlin's] home.

Suppression Court Opinion, filed January 6, 2017, at 1-2 (some formatting modified; internal citations and footnotes omitted).

Based on these facts, the court rejected the Commonwealth's assertion that Coughlin's inconsistent statements aroused a valid concern that other persons—possibly injured—were in Coughlin's residence. Id. at 7. Rather, according to the court, "Officer's Sulock's desire to locate the gun ... is what motivated this warrantless search." Id. Finding no other exigencies to justify the warrantless entry, the court concluded that police had violated Coughlin's constitutional rights and that suppression of the gun was appropriate. Id. at 8-9.

Before this Court, the Commonwealth renews its argument that the suppression court erred in suppressing the firearm seized during a protective sweep of Coughlin's residence. Commonwealth's Br. at 3. According to the Commonwealth, the relevant inquiry is whether the police had an objectively reasonable basis for their sweep. Id. at 9 (citing in support Michigan v. Fisher , 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) ). Based upon the statements from Ms. Cupps, as corroborated by police, the Commonwealth asserts there was probable cause to believe that Coughlin had fired a weapon multiple times. Moreover, his inconsistent statements regarding other persons in the residence made it not only objectively reasonable, but also "imperative to check if he had hurt anyone on the premises." Id. at 10. The Commonwealth cautions against a "hindsight evaluation" of whether an emergency actually existed, suggesting rather that conscientious police officers should err on the side of caution. Id. at 9.

In response, Coughlin asserts there was no evidence to support a reasonable belief that anyone was injured or inside his home. Coughlin's Br. at 5. For example, according to Coughlin, police "did not see blood, hear cries for help, [or] receive reports of an assault." Id. Moreover, according to Coughlin, the suppression court specifically rejected Officer Sulock's testimony that he entered the house to ensure no one was injured, thus eliminating the sole exigency offered by the Commonwealth. Id. at 6-7.

Our standard and scope of review are well settled.

When the Commonwealth appeals from a suppression order, this Court follows a clearly defined scope and standard of review. We consider only the evidence from the defendant's witnesses together with the evidence of the prosecution that, when read in the context of the entire record, remains uncontradicted. This Court must first determine whether the record supports the factual findings of the suppression court and then determine the reasonableness of the inferences and legal conclusions drawn from those findings.

Commonwealth v. Champney , 161 A.3d 265, 271 (Pa. Super. 2017) (citation omitted). To be clear, a suppression court's findings of fact are binding on this Court where supported by the record.

Commonwealth v. Ford , 175 A.3d 985, 989 (Pa.Super. 2017) (citation omitted); see also Commonwealth v. Bomar , 573 Pa. 426, 826 A.2d 831, 843 (2003) (affording deference to credibility determinations of fact-finder). However, its conclusions of law are not binding on this Court, "whose duty it is to determine if the suppression court properly applied the law to the facts." Ford , 175 A.3d at 989.

Initially, we reject one finding integral to the suppression court's analysis. The suppression court found no evidence that "anyone else was in [Coughlin's] home." Suppression Ct. Op. at 2. The record does not support this finding. Officer Sulock testified consistently that Coughlin presented conflicting accounts of whether other people were inside the residence. See N.T. Suppression at 13, 18, 28, 32, 37. Thus, Coughlin's own statements to police provided evidence, albeit inconclusive, that others were inside his home. See, e.g. , N.T. Suppression at 13 ("I asked this male if there was anybody else in the property. At first he stated yes[.]"). Importantly, the court did not reject the credibility of this testimony. Quite the contrary, the suppression court accepted this testimony explicitly when it acknowledged that "[Coughlin] ... was inconsistent as to whether others were inside." Suppression Ct. Op. at 2 n.2; see also N.T. Suppression at 43 (explicitly finding Officer Sulock credible apart from his asserted reason for entering home).

This finding is further undermined by the suppression court's erroneous suggestion that "Officer Sulock clearly testified that he observed no indication (seeing blood, hearing cries, or otherwise) of another person." Suppression Ct. Op. at 7 n.3. We have reviewed Officer Sulock's testimony and conclude that the suppression court's suggestion is misleading. At no time was Officer Sulock asked whether he saw blood or heard cries from another person. Rather, the court itself opined, during argument following testimony, that the absence of such testimony was concerning. N.T. Suppression at 43. As this finding is not supported by the record, we are not bound by it. Champney , 161 A.3d at 271 ; Ford , 175 A.3d at 989.

With this correction to the record, we turn to the law governing...