Com. v. Edwards, K.

J-S32008-23

                                   

  COMMONWEALTH OF PENNSYLVANIA                 :   IN THE SUPERIOR COURT OF
                                               :        PENNSYLVANIA
                                               :
                v.                             :
                                               :
                                               :
  KARIN EDWARDS                                :
                                               :
                       Appellant               :   No. 79 MDA 2023

     Appeal from the Judgment of Sentence Entered December 15, 2022
   In the Court of Common Pleas of Lancaster County Criminal Division at
                      No(s): CP-36-CR-0002767-2021


BEFORE: DUBOW, J., KUNSELMAN, J., and NICHOLS, J.

OPINION BY DUBOW, J.:                              FILED: DECEMBER 28, 2023

       Appellant Karin Edwards appeals from the Judgment of Sentence

entered by the Lancaster County Court of Common Pleas on December 15,

2022, following her conviction of one count of Prostitution.1        After careful

consideration, we affirm the Judgment of Sentence.

       On May 14, 2021, Detective Christopher Jones of the East Lampeter

Township Police Department received a tip regarding the potential human

trafficking of a woman. The woman, later determined to be Appellant, was

seen crying at a restaurant near a hotel in an area with a high volume of

prostitution.    Detective Jones, who had extensive experience investigating

prostitution and human trafficking, conducted surveillance of the hotel and

determined that Appellant was an occupant.


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1 18 Pa.C.S. § 5902(a)(1).
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       On May 17, 2021, the detective utilized a computer program that

investigated online prostitution postings and found an advertisement involving

Appellant on the website “skipthegames.com.”           Detective Jones texted the

number in the advertisement. The subsequent text messages “discussed a

price for an hour and a [time and] location, including the hotel address and

room number.” Trial Ct. Op., 3/15/23, at 4.

       After Detective Jones knocked on the hotel room door at the agreed

upon time, Appellant opened the door fully nude and invited the detective into

the room. At the time the undercover detective entered the room, officers

had not obtained a warrant to enter her room, and Appellant did not know

that he was a police officer wearing an electronic recording device.2

       After entering the room, the detective and Appellant discussed the

intended sexual acts, and the detective provided Appellant with the agreed

upon currency. Officers then arrested Appellant and transported her to the

East Lampeter Township Police Department headquarters, where she provided

inculpatory statements.

       In October 2021, Appellant filed an Omnibus Pre-Trial Motion, which she

amended on November 17, 2021.              Appellant challenged the legality of the

detective’s warrantless entry into the hotel room, claiming that her consent

was involuntary due to the detective’s deception.         Appellant acknowledged
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2 Detective Jones had authorization for the wire pursuant to a May 11, 2021

Order. The trial court ultimately suppressed the recordings made pursuant to
that order, concluding that the order was overbroad. The validity of the order
is not before this Court.

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that courts have applied the federal constitution to allow “police to obtain

consent through deceit[;]” she asserted, however, that “the issue remains

novel under the Pennsylvania Constitution.”      Brief in Support of Amended

Omnibus Pretrial Motion, 3/29/22, at 3, 7. Presenting an analysis pursuant to

Commonwealth v. Edmunds, 

, 895 (Pa. 1991), Appellant

maintained that Article I, Section 8 of the Pennsylvania Constitution provided

greater protection of privacy than the Fourth Amendment of the United States

Constitution. Insisting that she did not voluntarily consent to the detective’s

warrantless entry into her hotel room, Appellant argued that her statements

made in the hotel room and at the police station should be suppressed as fruit

of the poisonous tree.

       On September 23, 2022, the trial court granted Appellant’s suppression

motion in part and denied it in part.3 In relevant part, the court concluded

that Appellant had consented to the undercover officer’s entry into her hotel

room, such that his entry did not violate the warrant requirement.

Accordingly, the court denied suppression of Appellant’s statements to

Detective Jones in the hotel room and at police headquarters.




____________________________________________


3 The court entered a brief order and placed its reasoning on the record at a

hearing. As noted, the court granted suppression of the recording of the
conversation in the hotel room. The court, however, denied suppression of
the officer’s testimony regarding the recorded conversation, finding that the
officer’s personal knowledge of the conversation constituted an independent
source.

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      On December 15, 2022, the court presided over a bench trial and found

Appellant guilty of one count of Prostitution, based upon the parties’

stipulations. The court sentenced Appellant to four years of probation.

      Appellant filed her Notice of Appeal on January 13, 2023. Appellant and

the court subsequently complied with Pa.R.A.P. 1925.

      Appellant presents the following question to this Court:

      Did the trial court err in denying the Motion to Suppress
      [Appellant’s] statements to police, in her motel room and at the
      police station, where these statements were the poisonous fruit of
      [the detective’s] unlawful entry into [Appellant’s] motel room, in
      violation of Article I, Section 8 of the Constitution of the
      Commonwealth of Pennsylvania?

Appellant’s Br. at 6.

                                      A.

      It is well-settled that “our standard of review for the denial of a

suppression motion is de novo and is limited to determining whether the

suppression court’s factual findings are supported by the record and whether

the legal conclusions drawn from those facts are correct.” Commonwealth

v. Green, 

, 550 (Pa. 2021) (citation and internal quotation

marks omitted). Our scope of review is limited to the record before the court

at the time of the suppression hearing, and we consider “only the evidence of

the Commonwealth and so much of the evidence for the defense as remains

uncontradicted when read in the context of the suppression record as a

whole.” 

 (citation omitted).




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      At base, Appellant challenges the constitutionality of the detective’s

warrantless entry into her hotel room. It is well-established that “[a] search

conducted without a warrant is deemed to be unreasonable and therefore

constitutionally impermissible, unless an established exception applies.”

Commonwealth v. Strickler, 

, 888 (Pa. 2000). One exception

to the warrant requirement is the voluntary consent of the individual. 

      Regarding consent, Appellant’s argument hinges on her assertion that

the Pennsylvania Constitution provides greater protection than the federal

Constitution against law enforcement’s use of deception to gain consent to

enter a residence. The Pennsylvania Supreme Court has provided a roadmap

for litigants, such as Appellant, asserting claims for greater protection under

the Pennsylvania Constitution. Edmunds, 586 A.2d at 895. It dictated that

parties address the following: “(1) text of the Pennsylvania constitutional

provision; (2) history of the provision, including Pennsylvania case-law; (3)

related case-law from other states; [and] (4) policy considerations, including

unique issues of state and local concern, and applicability within modern

Pennsylvania jurisprudence.” Id.

      The Supreme Court recently reiterated that Article I, Section 8 of the

Pennsylvania Constitution    affords greater    protection than the     Fourth

Amendment of the federal Constitution. Commonwealth v. Alexander, 243




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J-S32008-

, 181 (Pa. 2020).4 In so doing, the Court contrasted Pennsylvania’s

emphasis on protecting the privacy of individuals, with the federal

Constitution’s focus on the deterrence of law enforcement misdeeds. Id. at

187-88.

       Despite this divergence, Pennsylvania has adopted the basic federal

Fourth Amendment test which “requires a person to demonstrate (1) a

subjective expectation of privacy; and (2) that the expectation is one that

society is prepared to recognize as reasonable and legitimate.” Id. at 205.

“[I]f the defendant has no protected privacy interest, neither the Fourth

Amendment nor Article I, [Section] 8 is implicated.”     Commonwealth v.

Enimpah, 

, 699 (Pa. 2014). Indeed, the Supreme Court advised

that a court presented with a suppression motion “need go no further” if it

determines that the defendant did not have a reasonable expectation of

privacy. Id. at 702. In determining whether an expectation of privacy is

reasonable, we consider the totality of the circumstances. Commonwealth

v. Kane, 

, 330 (Pa. Super. 2019).

       An expectation of privacy is not reasonable or justified where an

individual “knowingly exposes to the public” his home or other private

location. Commonwealth v. Weimer, 

, 651 (Pa. Super. 1978)

(en banc) (quoting Katz v. United States, 

, 351-52 (1967)).
____________________________________________


4 In Alexander, the Court rejected the federal automobile exception to the

warrant requirement and instead held “that the Pennsylvania Constitution
requires both a showing of probable cause and exigent circumstances to justify
a warrantless search of an automobile.” 

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“One cannot envelop[] oneself with the cloak of [constitutional] protection

while leaving gaping holes in the fabric.”          

   Accordingly, in evaluating

whether an expectation of privacy is reasonable, we look to the measures that

an individual has taken to ensure their privacy. 

       In Weimer, this Court found that members of a private club did not

have a reasonable expectation of privacy based upon the individuals’ actions.

We concluded that the members negated any expectation of privacy when

they failed to employ an installed buzzer entry system and one-way mirror

and instead allowed plain-clothed officers entry into the club when they rang

the buzzer, without any inquiry as to their identity.5 “This lax enforcement of

purported security measures indicates that [the members’] expectation of

privacy was hardly reasonable or justifiable.” Id. at 652.

                                               B.

       Appellant maintains that the trial court erred in not suppressing her

statements in the hotel room and at the police station, claiming that they

“were the poisonous fruit of Detective Jones’ unlawful entry in Ms. Edwards’

[hotel] room, without a warrant, through the use of deception.” Appellant’s

Br. at 11. She asserts that her consent was involuntary because she was not

aware that Detective Jones was a member of law enforcement nor was she

knowledgeable of her right to refuse the warrantless search. Id. at 15-16.

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5 While finding the entry in Weimer constitutionally permissible, the Court
acknowledged that the actions of the officers were not “wholly judicious[,]”
given that they could have sought a search warrant for the club. Id. at 653.

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       As noted above, while acknowledging that the use of deceptive actions

to gain consent is permissible under the federal Constitution, Appellant argues

for greater protection under Article I, Section 8 of the Pennsylvania

Constitution, asserting that the issue “remains novel under the Pennsylvania

Constitution.”    Appellant’s Br. at 24.       Appellant maintains that “Article I,

Section 8 requires a search warrant before a law enforcement officer is

permitted to use deception to enter a private residence.” Id. at 11. As applied

to the instant case, Appellant asks the court to find Detective Jones’

warrantless entry into her hotel room via deception to be an unconstitutional

invasion of her privacy requiring the suppression of the resulting evidence.

       Although Appellant raises an interesting constitutional question, her

argument fails for a more fundamental reason: she lacked a reasonable

expectation of privacy.6 As in Weimer, Appellant negated any expectation of
____________________________________________


6 As she did in the trial court, Appellant presents a colorable argument,
utilizing the four-factor Edmunds analysis, that Article I, Section 8 of the
Pennsylvania Constitution provides greater protection than the federal Fourth
Amendment regarding law enforcement’s use of deception to gain warrantless
entry into a home. We do not reach this issue because we conclude that
Appellant did not have a reasonable expectation of privacy in her hotel room,
as set forth infra.

We additionally do not speak to the trial court’s response to Appellant’s
argument, which did not address Appellant’s distinction between the state and
federal protections, but instead merely found the constitutional validity of
Detective Jones’ use of an undercover identity to be “patently obvious” based
upon caselaw applying the federal Fourth Amendment. Trial Ct. Op., 3/15/23,
at 7. While we do not address this analysis, we concur with the court’s
conclusion that the detective’s entry into the hotel room was constitutionally
permissible. See Commonwealth v. Taggart, 

, 1197 n.10
(Footnote Continued Next Page)


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J-S32008-23



privacy in her hotel room through her actions. Specifically, rather than taking

measures to maintain the privacy of her hotel room, she advertised on a

prostitution website, arranged to meet an anonymous stranger who responded

to the advertisement in her hotel room, and then opened the door and invited

the stranger into the room without any inquiry as to who he was. In essence,

she did not guard her privacy or attempt to exclude others when she invited

an unknown person into her hotel room without asking any questions. Absent

a reasonable expectation of privacy, we conclude that Article I, Section 8 of

the Pennsylvania Constitution is not implicated in this case. Enimpah, 106

A.3d at 699.

       Accordingly,    we    conclude     that   the   trial   court   properly   denied

suppression of Appellant’s statements and affirm the Judgment of Sentence.

       Judgment of Sentence affirmed.

       Judge Kunselman joins.

       Judge Nichols concurs in the result.

Judgment Entered.




Benjamin D. Kohler, Esq.
Prothonotary

Date: 12/28/2023


____________________________________________


(Pa. Super. 2010) (observing that this Court may “affirm an order on a
rationale that differs from that of the trial court”).

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