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Commonwealth v. Whiting

Trial court erred in suppressing evidence of money seized from safe deposit box where defendant, by granting his girlfriend joint access to the money, had relinquished his legitimate and reasonable possessory interest in it and had no standing to contest its seizure from the place the girlfriend chose for its safekeeping.

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�1 The Commonwealth of Pennsylvania appeals from the order entered in the Court of Common Pleas of Chester County granting appellee’s motion to suppress. *fn1 We reverse.

�2 On the morning of February 15, 1999, North Coventry Police Officers were dispatched to a reported assault at the CarMike Coventry 8 Theaters located in Chester County, Pennsylvania. Upon their arrival, the officers encountered an elderly female movie theater employee who was handcuffed. The victim advised the police that at approximately 8:30 a.m., as she was opening up the theater for the day’s business, she was confronted by a subject wearing a black mask and black clothing; the subject also brandished a handgun. The suspect forced the employee into a bathroom where she was handcuffed and told to remain. The police determined that three bank bags, containing almost $34,000.00 in United States currency, were stolen, as well as a black strong box containing approximately $100.00.

�3 A witness at the Coventry Square Mall, located across the street from the CarMike Theater, reported a suspicious vehicle parked in the mall lot at approximately 8:25 a.m. on the morning of the robbery. The vehicle had a low tire, which the witness reported to the occupant of the car. The witness described the operator as a black male wearing a tan-colored ski mask. The male attempted to hide behind a newspaper when approached by the witness. The witness provided the officers with the registration number of the suspicious vehicle which was traced to the defendant/appellee, Brian Whiting.

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