Pubdate: Tue, 18 Apr 2000 Source: Tribune Review (PA) Copyright: 2000 Tribune-Review Publishing Co. Contact: http://triblive.com/ Author: Paul Peirce CASES OVERTURNED BASED ON POLICE TIPS A recent U.S. Supreme Court decision curbing the use of tips in police searches prompted the Pennsylvania Supreme Court Monday to overturn two 1995 drug convictions in Westmoreland County. In split decisions, the court overturned the convictions of Constance L. Goodwin of Jeannette on charges of delivery and possession with intent to deliver marijuana; and Lance M. White Sr. of New Kensington on charges of delivery and possession with intent to deliver crack cocaine. Goodwin was sentenced by Judge Gary Caruso to 1 1/2 to 5 years in prison and White was sentenced by Caruso to 3 1/2 to 10 years in prison. Attempts to reach District Attorney John Peck for comment last night were unsuccessful. In the majority arguments remanding the cases back to Common Pleas Court, the justices cited a March 29 U.S. Supreme Court ruling in a Miami, Fla., case. In Florida vs. J.L. 2000, an anonymous tipster called Miami police in 1995 alerting them that one of three young black men at a bus stop was carrying a gun, adding that he was wearing a plaid shirt. Officers saw nothing suspicious, but patted down a youth wearing plaid and found a gun. The Supreme Court unanimously affirmed the Florida ruling that the search was unconstitutional and said nameless telephone tips, without verification by the police, are not enough to justify a frisk and therefore violate a person's Fourth Amendment protection against unreasonable searches. "That the allegation about the gun turned out to be correct does not suggest that the officers, prior to the frisks, had reasonable basis for suspecting J.L. of engaging in unlawful conduct," Justice Ruth Bader Ginsburg wrote. Goodwin was arrested Nov. 8, 1993, by state police in Greensburg after a tip from an anonymous caller that a woman matching Goodwin's description and driving a blue Ford Mustang matching Goodwin's would be leaving her office during a lunch break that day and carrying a quarter-pound of marijuana in a pink bag in her car. Police subsequently staked out the parking garage where Goodwin worked and at 12:10 p.m. Nov. 8 she left the office building. Troopers followed her and stopped the car. Police said Goodwin agreed to allow them to search the car. "When Goodwin removed the pink bag from the car, a trooper told her that they would search the bag since it had been inside the car. Goodwin then stated that drugs were in the bag ... the trooper opened the bag and found marijuana," court documents said. Police said Goodwin admitted selling marijuana to a juvenile male and another man in August 1993. Her 1995 conviction before Caruso was on the August 1993 drug sale to the minor. In Goodwin's appeal, which was initially rejected by Caruso and again in 1996 by state Superior Court, she argued that she was stopped without "requisite reasonable suspicion that she was engaged in criminal activity." Goodwin argued that her confession that she was involved in a August drug sale should be suppressed because it came during an illegal search. The state Supreme Court agreed. " ... An anonymous tip alone, given its unreliability, is insufficient to give rise to reasonable suspicion that criminal activity is afoot," wrote Justice Russell Nigro in the majority opinion. "Thus, the police needed `something more' than just the anonymous tip to justify conducting an investigatory stop of Goodwin. The police, however, saw no unusual activity while they watched Goodwin and had no reason independent of the anonymous tip to suspect that criminal activity was afoot." Justices Ronald Castille and Sandra Schultz Newman dissented. White was arrested July 12, 1994, after New Kensington Police Officer Traci Matthews responded to an anonymous call to Westmoreland Emergency Management (911) about possible drug transaction at a public housing complex. The caller said a black male, wearing a white shirt and white shorts, would exit the complex with drugs in his possession and get on a girl's black bicycle, the court said. Matthews observed White, dressed in a white shirt and white shorts, leave the complex and get on a girl's bike. Matthews stopped White to question him and began patting him down for weapons. She said before she completed her search, White became nervous and ran. A short time later, police Sgt. Floyd Newingham saw White and ordered him to stop. Court documents said White dropped a bag containing 16 individually wrapped bags of crack cocaine. On his appeal, White also challenged Matthew's initial stop and asked that the drug evidence be suppressed. The court said Matthews needed "something more" than just an anonymous tip to conduct a valid stop. "There was, however, no corroboration of the tipster's allegations of criminal conduct to justify Officer Matthew's stop. While White's appearance was consistent with the anonymous caller's overly general description and White did exit the housing complex on the described bicycle, Officer Matthews observed no unusual conduct which would suggest criminal activity was afoot," Nigro wrote in the majority opinion. Justice Stephen Zappala joined Castille and Newman in dissenting. Castille said White's case should not be compared to the Miami case. He called the tipster's prediction of White's future behavior - getting on a girl's bicycle - "an entirely different matter." "Since only a small number of people are generally privy to an individual's itinerary, it is reasonable for police to believe that a person with access to such information is also likely to have access to reliable information about the individual's illegal activities," Castille wrote. - --- MAP posted-by: Doc-Hawk