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Commonwealth v. Maxon

Judgment of sentence reversed; court erred in refusing to suppress illegally obtained evidence because detectives did not possess a reasonable suspicion that defendant was engaged in criminal activity and, thus, acted without probable cause when they arrested him, searched his home and seized drugs found there.

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OPINION

� 1 Albert D. Maxon appeals from the judgment of sentence entered following his conviction of Possession of a Controlled Substance, Possession of a Controlled Substance with Intent to Deliver, Possession of Drug Paraphernalia, Aggravated Assault, and Resisting Arrest. See 35 P.S. �� 780-113(a)(16), (30), (32); 18 Pa.C.S. �� 2702(a)(3); 5104 (respectively). Maxon contends the trial court erred in failing to suppress drug evidence recovered during a search of his person and a subsequent search of his home. Maxon also claims that the evidence was insufficient to support his conviction for resisting arrest. After study, we conclude that the trial court did err in not suppressing illegally obtained evidence and as a result, there was insufficient evidence to support Maxon’s conviction for resisting arrest. Accordingly, we reverse the judgment of sentence and remand for proceedings consistent with this Opinion.

� 2 On February 11, 2000, Detectives Michael Nolan and Matt Fischer, of the City of Erie Police Department, conducted surveillance of Maxon’s home based on information that Maxon was engaged in the drug trade. The record also reflects that an additional officer (known only as Sergeant Kress) provided back-up for the detectives in their surveillance. At approximately 2:00 p.m., Maxon pulled up in front of his home with an unidentified man in the passenger seat. Maxon entered the house and returned to the car several minutes later carrying a baggie in his hand. The detectives followed Maxon to his next destination whereupon he got out of the car, walked around the corner and out of the detectives’ sight. Several minutes elapsed before Maxon returned to his vehicle and left. Still conducting surveillance, the detectives followed Maxon for ten minutes before he stopped again. The detectives again observed Maxon walk into a third house.

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