Commonwealth v. Kline, 335 A.2d 361 (Pa. Super. Ct. 1975). · Go Syfert
Commonwealth v. Kline, 335 A.2d 361 (Pa. Super. Ct. 1975). Cases Citing This Book View Copy Cite
223 citation events (116 in the last 25 years) across 11 distinct courts.
Strongest positive: In the Interest of: N.W.-B. Apl of: J.B. (pa, 2021-12-23)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In the Interest of: N.W.-B. Apl of: J.B.
Pa. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.
discussed Cited as authority (verbatim quote) In the Interest of: Y.W.-B. Apl of: J.B.
Pa. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.
examined Cited as authority (quoted) State v. Yager (2×)
Idaho · 2004 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.
discussed Cited as authority (rule) State v. Wilson (2×)
Ga. · 2023 · confidence medium
Yet “[p]robable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.” Commonwealth of Pennsylvania v. Kline, 335 A2d 361, 364 (Pa. Super. 1975).
examined Cited as authority (rule) Com. v. Mendoza, A. (5×) also: Cited "see, e.g."
Pa. Super. Ct. · 2022 · confidence medium
Id. at 1154 (quoting Commonwealth v. Kline, 234 Pa.Super. 12 , 335 A.2d 361, 363 (1975)).
discussed Cited as authority (rule) Com. v. Camacho, J.
Pa. Super. Ct. · 2022 · confidence medium
We agree with the premise that “[p]robable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.” Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. Super. 1975) (emphasis added).
discussed Cited as authority (rule) Com. v. Nicholson, A. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2021 · confidence medium
Id. at 1154 (quoting Commonwealth v. Kline, 335 A.2d 361, 363 (Pa. Super. 1975)).
discussed Cited as authority (rule) Com. v. Mar, L. (2×)
Pa. Super. Ct. · 2021 · confidence medium
Id. (citing Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. Super. 1975) as standing for the proposition that even when the affidavit of probable cause tends to establish that a suspect is a drug dealer, the affidavit must corroborate the conclusion that the suspect kept drugs in his residence to justify the search of that residence).
discussed Cited as authority (rule) Com. v. Gagliardi, V. (2×) also: Cited "see"
Pa. Super. Ct. · 2015 · confidence medium
Our cases require the Commonwealth to establish probable cause for the premises to be searched, and not only for the person suspected of criminal activity: Probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home. . . . [A]n allegation based on an assumption or supposition not supported by the facts is insufficient to support (an inference of) criminal activity in a premises, in spite of the fact that there are plenty of allegations alleged to relate to criminal activity of the individual who is alleged to have…
examined Cited as authority (rule) Commonwealth v. Gagliardi (4×) also: Cited "see"
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Kline, 234 Pa.Super. 12 , 335 A.2d 361, 364 (1975); see also Commonwealth v. Wallace, 615 Pa. 395 , 42 A.3d 1040, 1049-50 (2012) (“As the Superior Court has previously and aptly opined on this point, ‘probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.’ ”) (citing Commonwealth v .
discussed Cited as authority (rule) Com. v. Gagliardi, V. (2×) also: Cited "see"
Pa. Super. Ct. · 2015 · confidence medium
Our cases require the Commonwealth to establish probable cause for the premises to be searched, and not only for the person suspected of criminal activity: Probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home. . . . [A]n allegation based on an assumption or supposition not supported by the facts is insufficient to support (an inference of) criminal activity in a premises, in spite of the fact that there are plenty of allegations alleged to relate to criminal activity of the individual who is alleged to have…
discussed Cited as authority (rule) Com. v. Reese, B. (2×) also: Cited "see"
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. Super. 1975); see Commonwealth v. Way, 492 A.2d 1151, 1154 (Pa. Super. 1985) (“[T]he lack of a substantial nexus between the street crime and the premises to be searched renders the warrant facially invalid.” (emphasis added)).
discussed Cited as authority (rule) Com. v. Reese, B.
Pa. Super. Ct. · 2015 · confidence medium
However, “probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.” Commonwealth v. Wallace, 42 A.3d 1040, 1049-50 (Pa. 2012) (citing Commonwealth v. Heyward, 375 A.2d 191, 192 (Pa. Super. 1977); Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. Super. 1975)).
cited Cited as authority (rule) Com. v. Beckles, K.
Pa. Super. Ct. · 2015 · confidence medium
Id. at 1154 (quoting Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. Super. 1975)).
discussed Cited as authority (rule) Com. v. Reese, B. (2×) also: Cited "see"
Pa. Super. Ct. · 2014 · confidence medium
Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. Super. 1975); see Commonwealth v. Way, 492 A.2d 1151, 1154 (Pa. Super. 19 lack of a substantial nexus between the street crime and the premises to [up]on facts described w Commonwealth v. Dukeman, 917 A.2d 338, 341 (Pa. Super. 2007) (citing Commonwealth v. Smith, 784 A.2d 182, 184 (Pa. Super. 2001)). - 14 - J-S11016-14 The November 14, 2011 affidavit of probable cause in this case primaril respective identifications of Reese.
discussed Cited as authority (rule) Commonwealth v. Wallace (2×)
Pa. · 2012 · confidence medium
As the Superior Court has previously and aptly opined on this point, "probable cause to *1050 believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home." Commonwealth v. Heyward, 248 Pa.Super. 465 , 375 A.2d 191, 192 (1977); Commonwealth v. Kline, 234 Pa.Super. 12 , 335 A.2d 361, 364 (1975).
discussed Cited as authority (rule) State of Tennessee v. Cedric Ruron Saine
Tenn. Crim. App. · 2008 · confidence medium
The information from the confidential informant does not corroborate their conclusion that [defendant] kept drugs in his apartment, even though it does tend to establish that [he] was a drug dealer. -9- Id. at 364 (emphasis added).
discussed Cited as authority (rule) Daniel Serrano v. State
Tex. App. · 2003 · confidence medium
LaFave, Search and Seizure § 3.7(d) (3d ed. 1996) (quoting Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. 1978)); see also State v. Thein, 977 P.2d 582, 589 (Wash. 1999); State v. Dalton, 868 P.2d 873, 875 (Wash. App. 1994).
discussed Cited as authority (rule) Daniel Serrano v. State
Tex. App. · 2003 · confidence medium
LaFave, Search and Seizure § 3.7(d) (3d ed. 1996) (quoting Commonwealth v. Kline , 335 A.2d 361, 364 (Pa. 1978)); see also State v. Thein , 977 P.2d 582, 589 (Wash. 1999); State v. Dalton , 868 P.2d 873, 875 (Wash. App. 1994).
discussed Cited as authority (rule) Serrano v. State
Tex. App. · 2003 · confidence medium
LaFave, Search and Seizure § 3.7(d) (3d ed.1996) (quoting Commonwealth v. Kline, 234 Pa.Super. 12 , 335 A.2d 361, 364 (1978)); see also State v. Thein, 138 Wash.2d 133 , 977 P.2d 582, 589 (1999); State v. Dalton, 73 Wash.App. 132 , 868 P.2d 873, 875 (1994).
examined Cited as authority (rule) State v. Ward (6×) also: Cited "see, e.g."
Md. · 1998 · confidence medium
As one Pennsylvania state court stated, "Probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home." Commonwealth v. Kline, 234 Pa.Super. 12, 16 , 335 A.2d 361, 364 (Pa.Super.1975)(invalidating search warrant where affidavit linked defendant to LSD but failed to establish that illegal narcotics were likely in the defendant's house).
discussed Cited as authority (rule) State v. Dalton (2×)
Wash. Ct. App. · 1994 · confidence medium
In short, the information provided to the magistrate was insufficient to support a conclusion that Dalton was probably engaged in ongoing drug trafficking or that criminal activity was or had occurred at or around Dalton’s residence. 2 While he may have been about to possess drugs in Alaska, 3 "[pjrobable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home.” Commonwealth v. Kline, 234 Pa. Super. 12, 17 , 335 A.2d 361, 364 (1975).
discussed Cited as authority (rule) Commonwealth v. Harmes
Pa. Super. Ct. · 1978 · confidence medium
Third, appellant argues that the first prong of Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1974) , was not met here, in that the “facts sufficient to enable the issuing authority to [judge] that the informant had knowledge of sufficient facts to conclude that the suspect was engaged in criminal activity,” Commonwealth v. Kline, 234 Pa.Super. 12, 16 , 335 A.2d 361, 363 (1975), were based in part on facts gained from another, unidentified informant whose reliability was in no way shown.
discussed Cited as authority (rule) Commonwealth v. LeSeuer (2×)
Pa. Super. Ct. · 1977 · confidence medium
Thus, appellant was under arrest at the time of his detention at the police station. [5] Our Court has stated that information furnished by private citizens "should be considered at least as reliable as information received from a regular anonymous police informer." Commonwealth v. Cosby, 234 Pa.Super. 1, 7 , 335 A.2d 531, 534 (1975); Commonwealth v. Kline, 234 Pa.Super. 12, 15-17 , 335 A.2d 361, 363 (1975).
discussed Cited as authority (rule) Commonwealth v. Heyward
Pa. Super. Ct. · 1977 · confidence medium
The standards of reliability and accuracy may be lower for such “information-givers,” see Comm. v. Cosby, 234 Pa.Super. 1, 6 , 335 A.2d 531, 534 (1975); Comm. v. Kline, supra, 234 Pa.Super. at 15, 335 A.2d at 363 .
cited Cited "see" Com. v. Hill, S.
Pa. Super. Ct. · 2017 · signal: see · confidence high
See id.
discussed Cited "see" Com. v. Hill, S. (2×)
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Commonwealth v. Kline, 335 A.2d 361, 364 (Pa. Super. 1975) (affidavit insufficient where no indication where transaction took place, how -3- J-A03027-17 long it took, or how long seller was gone).
cited Cited "see" Com. v. Gagliardi, V.
Pa. Super. Ct. · 2015 · signal: see · confidence high
See id.
discussed Cited "see" State v. Sholes (2×)
Idaho Ct. App. · 1991 · signal: see · confidence high
See 2 LAFAYE, supra, § 3.7(d), at 103-105, discussing Commonwealth v. Kline, 234 Pa.Super. 12 , 335 A.2d 361 (1975).
Retrieving the full opinion text from the archive…
Commonwealth, Appellant,
v.
Kline
Appeal, 406.
Superior Court of Pennsylvania.
Mar 31, 1975.
335 A.2d 361
1975 Pa. Super. LEXIS 1492
Grant E. Wesner, Deputy District Attorney, and Robert L. VanHoove, District Attorney, for Commonwealth, appellant., George E. Goldstein, and Goldstein and Rosenblum, for appellee.
Cercone, Hoffman, Jacobs, Price, Spaeth, Van, Voort, Watkins.
Cited by 76 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: #35,144 of 633,719
Citer courts: Idaho Supreme Court (2)

Opinion by

Spaeth, J.,

This is an appeal by the Commonwealth from an order suppressing evidence obtained pursuant to a search warrant. [1]

The affidavit for the warrant read (in pertinent part) as follows:

“1. That on 6-12-73 at about 7:30 P.M. two young girls, Rose Padilla age 16 and Judy Ohlinger age 14 were treated at St. Josephs Hosp. for abuse of LSD.
On 6-13-73 at 1:30 p.m. both above females came to the Vice Office with their parent and gave the following information. Each female was questioned separate from the other and then together and both times they both gave the same account of what took place. They stated that they knew this person named Morgan Arthur who lives above the Junction Inn at 9th & Robinson St., and they knew that he was selling drugs. They asked him for some LSD and he went to his Apt. at 9th & Robinson and returned a few minutes later with two “Hits” of “Blotter Acid” (LSD on small pieces of Paper). Morgan Arthur gave this LSD to the two females and told them to chew it first and then swallow it. Both girls stated that they began to feel the effects about 30 Minutes. Both girls identified a photo of Morgan Arthur. The Girls stated that[*15] Arthur lives in the 3rd floor Apt with Michael Heinecke.
Feb. 1, 1973 — Michael Heinecke was arrested by Officer Hain at Reading High for Assault and Disorderly conduct. After being arrested Heinecke was observed by Officer Hain, swallowing a quantity of capsules. Heinecke required treatment and was admitted at St. Josephs Hosp. for a overdose of Barbiturates. Heinecke has admitted to Det Yerger that he is “Hooked” on Barbiturates.
2. 6-13-73 — Det Yerger contacted an informant and asked about Morgan Arthur and Michael Heinecke this informant stated that he had been with Arthur and Heinecke during the past two weeks and the informant stated that they were selling Hashish, Marihuana, LSD and Heroin. The informant stated that they did not have all these drugs at one time but at different times during the past two weeks. The informant stated that he has purchased some marihuana from Morgan Arthur about one week ago and that this marihuana was for another person.
Information from this informant also stated that Arthur was living with Heinecke at 9th & Robinson above the Junction Inn.
This informant has given information in the past two years that has resulted in the arrest of at least twenty persons on drug charges; the following are some of these persons, Harold Mann, Bonnie Swyen-ski, Gary Melton, James Brown, Byron Viccari, Donald McCullom and Cassandra Heines.”

Although appellant is not named in this recitation, it was he who answered the apartment door when the police served the warrant.

Judge Hess suppressed the evidence seized pursuant to the warrant because he concluded that although the affidavit contained facts sufficient to establish that Morgan Arthur was indeed dealing in drugs and lived in the[*16] apartment described, it did not contain facts sufficient to establish the basis on which the several informants (the two girls, Rose and Judy, and the confidential informant) had concluded that Arthur had gone to his apartment to get the drugs.

Under Aguilar v. Texas, 378 U.S. 108 (1964), as explicated in Spinelli v. United States, 393 U.S. 410 (1969), whenever a finding of probable cause to issue a search warrant is based on information from an informant, the affiant must give the issuing authority a statement of facts sufficient to enable the issuing authority to make two independent judgments : (1) that the informant had knowledge of sufficient facts to conclude that the suspect was engaged in criminal activity; and (2) that the affiant is justified in his belief that the informant is reliable. Commonwealth v. Conner, 452 Pa. 333, 305 A.2d 341 (1973); Commonwealth v. Simmons, 450 Pa. 624, 301 A.2d 819 (1973); Commonwealth v. Milliken, 450 Pa. 310, 300 A.2d 78 (1973) ; Commonwealth v. Tasco, 227 Pa. Superior Ct. 144, 323 A.2d 831 (1974) ; Commonwealth v. Ambers, 225 Pa. Superior Ct. 381, 310 A.2d 347 (1973).

There has not been any contention that the second requirement of this test was not met. The confidential informant referred to in part 2 of the affidavit is not identified; and although it is said that information given by him “resulted in the arrest of at least twenty persons,” it is not said whether any of these persons were convicted. However, the two girls, Rose and Judy, identified as informants in part 1 of the affidavit, were as much victims of the crime as participants in it, and as they were private citizens, the information received from them could be considered at least as reliable as information received from a regular anonymous police informer. Commonwealth v. Cosby, 234 Pa. Superior Ct. 1, 335 A.2d 531 (1975) ; Commonwealth v. Whitehouse, 222 Pa. Superior Ct. 127, 292 A.2d 469 (1972).

[*17] What is before us is the question whether the informants supplied information sufficient to justify the inference, not only that criminal activity was afoot (their information was certainly sufficient for that), but also that the premises to be searched were instrumental in that activity. “Although the information supplied the magistrate '. . . must be tested with a commonsense, nontechnical, ungrudging, and positive attitude, . . .’, Rosencranz v. United States, 356 F.2d 310, 314 (1st Cir. 1966); United States v. Ventresca, 380 U.S. 102, 108-09, 85 S.Ct. 741, 746 (1965), the information must be sufficient ‘. . . to enable the magistrate independently to judge of the validity of the informant’s conclusion that the narcotics were where he said they were.’ Spinelli, supra at 413, 89 S.Ct. at 587 (emphasis added). See also Jones v. United States, 362 U.S. 257, 84 S.Ct. 725 (1960).” Commonwealth v. Simmons, supra at 629, 301 A.2d at 822.

Here, as far as appears from the affidavit, none of the informants said where the L.S.D. was. The girls apparently concluded that it was in Arthur’s apartment. However, an affidavit must set forth how information leading to such a conclusion was obtained. Commonwealth v. Ambers, 225 Pa. Superior Ct. 381, 310 A.2d 347 (1973) ; Commonwealth v. Soychak, 221 Pa. Superior Ct. 458, 289 A.2d 119 (1972). There is no indication of where the transaction took place, how long it took, how long Arthur was gone, or what led the girls to conclude that he had gone to his apartment. The information from the confidential informant does not corroborate their conclusion that Arthur kept drugs in his apartment, even though it does tend to establish that Arthur was a drug dealer.

Probable cause to believe that a man has committed a crime on the street does not necessarily give rise to probable cause to search his home. Judge Hess stated the matter well in his memorandum opinion: “In our opinion an allegation based on an assumption or supposition not supported by the facts is insufficient to support [an infer[*18] ence of] criminal activity in a premises, in spite of the fact that there are plenty of allegations alleged to relate to criminal activity of the individual who is alleged to have lived in the premises.”

Order affirmed.

Jacobs, Price, and Van der Voort, JJ., dissent.

1

. Since the crimes charged involve possession and sale of drugs, the suppressed evidence is crucial to the Commonwealth’s case. The Commonwealth can thus appeal the suppression order. Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963). Appellee has not contested our jurisdiction to hear this appeal.