Commonwealth v. Johnson, 33 A.3d 122 (Pa. Super. Ct. 2011). · Go Syfert
Commonwealth v. Johnson, 33 A.3d 122 (Pa. Super. Ct. 2011). Cases Citing This Book View Copy Cite
76 citation events (76 in the last 25 years) across 1 distinct court.
Strongest positive: Com. v. Hyatt, I. (pasuperct, 2020-04-30)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Com. v. Hyatt, I.
Pa. Super. Ct. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal
discussed Cited as authority (verbatim quote) Com. v. Coleman, T.
Pa. Super. Ct. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
claims not raised in the trial court may not be raised for the first time on appeal.
discussed Cited as authority (quoted) Com. v. Shatzer, J.
Pa. Super. Ct. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
it is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.
discussed Cited as authority (quoted) Com. v. Hudgens, D.
Pa. Super. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence low
we note that the cases cited by johnson in support of his claim involve 'all persons present' warrants, and as such are distinguishable and inapplicable on that basis alone.
examined Cited as authority (quoted) Com. v. Underwood, K.
Pa. Super. Ct. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is black letter law in this jurisdiction that an appellate court cannot consider anything which is not part of the record in the case. that is because for purposes of appellate review, what is not of record does not exist.
discussed Cited as authority (quoted) Com. v. Reed, K.
Pa. Super. Ct. · 2018 · quote attribution · 1 verbatim quote · confidence low
for purposes of appellate review, what is not of record does not exist.
cited Cited as authority (rule) Com. v. Kessler, A.
Pa. Super. Ct. · 2025 · confidence medium
“It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.” Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011).
discussed Cited as authority (rule) In the Interest of: J.R.
Pa. Super. Ct. · 2024 · confidence medium
See Pa.R.A.P. 302(a); Commonwealth. v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011) (noting that it is “black letter law in this jurisdiction that an appellate court cannot consider anything which is not part of the record in the case.”), appeal denied, 47 A.3d 845 (Pa. 2012). - 19 - J-M05002-24 J-M05003-24 As stated, Sections 6301 and 6352 of the Juvenile Act and Rule 512(D) require that children should be separated from their families only when necessary for their treatment, supervision, or rehabilitation. 42 Pa.C.S. §§ 6301, 6352(a); Pa.R.J.C.P. 512(D)(4)(b).
discussed Cited as authority (rule) Com. v. Kunselman, S.
Pa. Super. Ct. · 2022 · confidence medium
See Commonwealth v. Martz, 232 A.3d 801 , 812 (Pa. Super. 2020); see also Colon, 87 A.3d 356 -357 n.2 (holding that, a trial court’s analysis of a Rule 600 violation is distinctly different than a claim of an unconstitutional speedy trial violation); Commonwealth v. Leaner, 202 A.3d 749 , 765 n.3 (Pa. Super. 2019) (stating that, a defendant waives a violation of a constitutional right to a speedy trial claim if such a claim is not presented to the trial court), appeal denied, 216 A.3d 226 (Pa. 2019); Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011) (stating, “claims not raised i…
cited Cited as authority (rule) Liebersohn, A. v. Dyer, D.A.
Pa. Super. Ct. · 2021 · confidence medium
“It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.” Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011) (citation omitted).
discussed Cited as authority (rule) Com. v. Williams, R.
Pa. Super. Ct. · 2021 · confidence medium
See Pa.R.A.P. 302(a); Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011), appeal denied, 47 A.3d 845 (Pa. 2012) (“It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.”) (citation omitted); see also 42 Pa.C.S. § 4144(b) (“For purposes of [the PCRA] an issue is waived if the petitioner could have raised it but failed to do so before 9“[A]n unpublished non-precedential memorandum decision of the Superior Court filed after May 1, 2019 … may be cited for [its] persuasive value.” Pa.R.A.P. 126(b). 10 Williams faults the PCRA …
cited Cited as authority (rule) Com. v. Young, J.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Griffin, 116 A.3d 1139, 1142 (Pa.Super. 2015) (quoting Commonwealth v. Johnson, 33 A.3d 122, 125-26 (Pa.Super. 2011)).
discussed Cited as authority (rule) Com. v. Lindsey, A.
Pa. Super. Ct. · 2020 · confidence medium
“It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.” Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011) (citation omitted). -6- J-S27030-20 and involuntary because the trial court failed to inform him that he was presumed innocent and had a right to a jury trial.
cited Cited as authority (rule) Com. v. Prince, D.
Pa. Super. Ct. · 2020 · confidence medium
“It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.” Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011).
discussed Cited as authority (rule) Com. v. Possinger, N.
Pa. Super. Ct. · 2020 · confidence medium
By failing to appraise the trial court that he believed it was committing procedural and constitutional errors, Possinger waived those alleged errors, because he has not preserved any of them for our appellate review.2 Any “claims not raised in the trial court may not be raised for the first time on appeal.” Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011).
cited Cited as authority (rule) Com. v. Bond, R.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Griffin, 116 A.3d 1139, 1142 (Pa.Super. 2015) (quoting Commonwealth v. Johnson, 33 A.3d 122, 125-26 (Pa.Super. 2011)).
discussed Cited as authority (rule) Com. v. Purvis, R.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa.Super. 2011), appeal denied, 47 A.3d 845 (Pa. 2012), citing Commonwealth v. Rush, 959 A.2d 945, 949 (Pa.Super. 2008), appeal denied, 972 A.2d 521 (Pa. 2009).
cited Cited as authority (rule) Com. v. Dupont, A.
Pa. Super. Ct. · 2020 · confidence medium
Any “claims not raised in the trial court may not be raised for the first time on appeal.” Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011); see also Pa.R.A.P. 302(a) (accord).
discussed Cited as authority (rule) Com. v. Rivera, J.
Pa. Super. Ct. · 2018 · confidence medium
When the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error.” Commonwealth v. Johnson, 33 A.3d 122, 124 (Pa. Super. 2011).
discussed Cited as authority (rule) Com. v. White, S.
Pa. Super. Ct. · 2018 · confidence medium
When the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error.” Commonwealth v. Johnson, 33 A.3d 122, 124 (Pa. Super. 2011).
discussed Cited as authority (rule) Com. v. Barony, N.
Pa. Super. Ct. · 2017 · confidence medium
See Commonwealth v. Bonasorte, 486 A.2d 1361, 1374 (Pa. Super. 1984) (en banc) (defendant may obtain production of a confidential informant at a suppression hearing if he shows that production is material to his defense, reasonable, and in interest of justice); Commonwealth v. Johnson, 33 A.3d 122, 127 (Pa. Super. 2011) (same), appeal denied, 47 A.3d 845 (Pa. 2012); Commonwealth v. Baker, 946 A.2d 691, 693 (Pa. Super. 2008). _______________________ (Footnote Continued) and the affidavit referenced the evidence from the trash pull that occurred the prior day; and (3) “[t]here is nothing about…
discussed Cited as authority (rule) Com. v. Eden, J. (2×) also: Cited "see"
Pa. Super. Ct. · 2017 · confidence medium
Here, because all discussions regarding any proposed jury charge are dehors the record, we conclude Appellant waived his tenth claim.9 See O’ Black, supra at 1240 ; see also Reed, supra at 1219 (finding waiver and declining to review appellant’s issue with an incomplete record); Johnson, supra at 126 (declining to reach merits of appellant’s issue where it was deemed waived.). ____________________________________________ 9 We note that, “[w]here portions of a proceeding are unrecorded, appellant’s burden to supply a record may be satisfied through the statement in absence of transcri…
discussed Cited as authority (rule) Com. v. J.G.M.
Pa. Super. Ct. · 2017 · confidence medium
Here, because the majority of any discussion regarding Appellant’s attempt to admit the story is dehors the record, Appellant waived this issue on appeal.6 See O’ Black, supra at 1240 ; see also Reed, supra at 1219 (finding waiver and declining to review appellant’s issue with incomplete record); Johnson, supra at 126 (declining to reach merits of appellant’s issue where it was deemed waived); Commonwealth v. Rovinski, 704 A.2d 1068, 1073 (Pa. Super. 1997), appeal denied, 723 A.2d 1024 (Pa. 1998) (waiving appellant’s claim of counsel’s ineffective assistance based on his opening __…
discussed Cited as authority (rule) Com. v. Garnett, R.
Pa. Super. Ct. · 2017 · confidence medium
Here, because all discussions regarding the qualification of Officer Donohue as an expert witness on drug weight are dehors the record, Appellant waived his first and second issues on appeal.9 See O’ Black, supra at 1240 ; see also Reed, supra at 1219 (finding waiver and declining to review appellant’s issue with an incomplete record); Johnson, supra at 126 (declining to reach merits of appellant’s issue where it was deemed waived); Commonwealth v. Rovinski, 704 A.2d 1068, 1073 (Pa. Super. 1997), ____________________________________________ 8 We have thoroughly reviewed Appellant’s bri…
discussed Cited as authority (rule) Com. v. Day, J.
Pa. Super. Ct. · 2016 · confidence medium
Commonwealth v. Johnson, 33 A.3d 122, 125-26 (Pa. Super. 2011) (internal quotation marks, citations, and footnote omitted). -4- J-S12033-16 Pennsylvania Rule of Criminal Procedure 201 provides that “[a] search warrant may be issued to search for and to seize […] property that constitutes evidence of the commission of a criminal offense.” However, Article I, Section 8 of the Pennsylvania Constitution provides, in pertinent part: [N]o warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause.... [Moreove…
discussed Cited as authority (rule) Com. v. Jenkins, T.
Pa. Super. Ct. · 2016 · confidence medium
Pennsylvania law requires only that "[t]he place to be searched must be described precise[ly] enough to enable the executing officer to ascertain and identify, with reasonable effort, the place intended, and where probable cause exists to support the search of the area so designated, a warrant will not fail for lack of particularity." Commonwealth v. Johnson, 2011 PA Super 256 , 33 A.3d 122, 125 (2011) (quoting Commonwealth v. Belenky, 777 A.2d 483, 486 (Pa.Super.2001)).
discussed Cited as authority (rule) Com. v. Parra, I.
Pa. Super. Ct. · 2015 · confidence medium
“It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.” -8- J-S34028-15 Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011) (citation omitted).
discussed Cited as authority (rule) Com. v. Zepprinans, D.
Pa. Super. Ct. · 2015 · confidence medium
A search warrant satisfies the particularity requirement where the place, person, or item to be searched for is “precise enough” for the police officer to identify it “with reasonable effort.” Commonwealth v. Johnson, 33 A.3d 122, 125 (Pa. Super. 2011).
cited Cited as authority (rule) Commonwealth v. Griffin
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Johnson, 33 A.3d 122, 125-126 (Pa.Super.2011) (internal quotation marks, citations, and footnote omitted).
cited Cited as authority (rule) Commonwealth v. Dougalewicz
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Johnson, 33 A.3d 122, 125-26 (Pa.Super.2011) (internal quotation marks, citations and footnote omitted).
discussed Cited as authority (rule) Com. Meyerle, W.
Pa. Super. Ct. · 2014 · confidence medium
Commonwealth v. Johnson, 33 A.3d 122, 125 (Pa. Super. 2011) (citations and quotations omitted), appeal denied, 47 A.3d 845 (Pa. 2012). - 16 - J-S21041-14 In this case, the first page of the April 14, 2011, application for search warrant indicates police were seeking to search “a Toshiba laptop computer serial no.
discussed Cited as authority (rule) Com. v. Murray, U.
Pa. Super. Ct. · 2014 · confidence medium
It is well-established that that “search warrants should be read in a common sense fashion and should not be invalidated by hypertechnical interpretations.” Commonwealth v. Johnson, 33 A.3d 122, 125 (Pa. Super. 2011) (citation omitted), appeal denied, 47 A.3d 845 (Pa. 2012).
discussed Cited as authority (rule) Com. v. Fuller, T.
Pa. Super. Ct. · 2014 · confidence medium
A trial court has the discretion to require the Commonwealth to disclose the identity of a confidential informant despite its qualified privilege of nondisclosure where a defendant can demonstrate that disclosure is material to the defense, reasonable, and in the interests of justice. 4 Circulated 11/18/2014 02:08 PM Com. v. Carter, 233 A.2d 284, 285 (Pa. 1967); Com. v. Johnson, 33 A.3d 122, 127 (Pa. Super. 2011); Com. v. Washington, 63 A.3d 797, 801 (Pa. Super. 20l3).
cited Cited as authority (rule) Commonwealth v. Orie
Pa. Super. Ct. · 2014 · confidence medium
Commonwealth v. Johnson, 33 A.3d 122, 125-126 (Pa.Super.2011) (citations and footnote omitted), appeal denied, 616 Pa. 634 , 47 A.3d 845 (2012).
discussed Cited "see" Com. v. Maloney, J.
Pa. Super. Ct. · 2026 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122 , 126 n. 6 (Pa. Super. 2011)("This Court has regularly stated that copying material and attaching it to a brief does not make it a part of the certified record, [and, i]t is black letter law in this jurisdiction that an appellate court cannot consider anything which is not part of the record in the case”)(internal citations omitted). -5- J-S09035-26 that relevant documents were sent to Appellant); Commonwealth v. Steadley, 251 A.3d 1271 , n.2 (Pa. Super. 2021)(unpublished)(holding a petition’s lack of proof of service was not fatal where counsel ave…
cited Cited "see" Com. v. Diaz, E.
Pa. Super. Ct. · 2023 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011).
discussed Cited "see" Com. v. Forshey, M.
Pa. Super. Ct. · 2023 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122, 125 (Pa. Super. 2011); Pa.R.Crim.P. 205, Cmt. (“[W]arrants should … be read in a common-sense fashion and should not be invalidated by hyper technical interpretations. … [W]hen an exact description of a particular item is not possible, a generic description may suffice.”) (citation omitted).
discussed Cited "see" Com. v. Morris, D.
Pa. Super. Ct. · 2023 · signal: see · confidence high
See Commonwealth v. Griffin, 116 A.3d 1139, 1142 (Pa. Super. 2015) (“When reviewing the rulings of a suppression court, [the appellate court] considers only the evidence of the prosecution and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole.”), quoting Commonwealth v. Johnson, 33 A.3d 122, 125-126 (Pa. Super. 2011). 3 The Commonwealth admitted the transcripts of the September 25, 2020 Preliminary Hearing as an exhibit during the May 12, 2021 suppression hearing.
discussed Cited "see" Com. v. Arrington, W. (2×)
Pa. Super. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122 (Pa. Super. 2011) (stating that “claims not raised in the trial court may not be raised for the first time on appeal.”).
discussed Cited "see" Com. v. Arrington, W. (2×)
Pa. Super. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122 (Pa. Super. 2011) (stating that “claims not raised in the trial court may not be raised for the first time on appeal.”).
discussed Cited "see" Com. v. Arrington, W. (2×)
Pa. Super. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122 (Pa. Super. 2011) (stating that “claims not raised in the trial court may not be raised for the first time on appeal.”).
discussed Cited "see" Com. v. Threats, Z.
Pa. Super. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa.Super. 2011) (holding in the context of suppression and discovery that “[i]t is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.”); see also Pa.R.A.P. 302(a) (“Issues not raised in the lower court are waived and cannot be raised for the time on appeal.”). - 18 - J-A18001-19 The legal principles undergirding this issue are as follows: It is well-settled that the review of a trial court’s denial of a motion for a mistrial is limited to determining whether the trial court abused its disc…
discussed Cited "see" Com. v. Mckahan, T. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2019 · signal: see · confidence high
See Johnson, supra (emphasizing that search warrants should not be invalidated by hypertechnical interpretations); Pa.R.Crim.P. 205, cmt.; see also Commonwealth v. Clark, 28 A.3d 601, 1291 (Pa. 2011) (stressing the need for practical, totality-of-the- circumstances approaches to search warrants).
discussed Cited "see" Com. v. Johnson, K.
Pa. Super. Ct. · 2018 · signal: see · confidence high
(Appellant’s Brief, at 12); see Commonwealth v. Johnson, 33 A.3d 122 , 126 n.6 (Pa. Super. 2011), appeal denied, 47 A.3d 845 (Pa. 2012) (“[F]or purposes of appellate review, what is not of record does not exist.”) (citation omitted). -4- J-S32033-18 [Turner/]Finley letter.”4 Priovolos, supra at 624 (citations omitted); see also Cherry, supra at 1082-83 .5 Order vacated.
discussed Cited "see" Com. v. Jackson, A.
Pa. Super. Ct. · 2016 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa.Super.2011) (“It is black letter law in this jurisdiction that an appellate court cannot consider anything which is not part of the record in the case.”).
discussed Cited "see" Com. v. Kokke, W.
Pa. Super. Ct. · 2014 · signal: see · confidence high
See Commonwealth v. Johnson, 33 A.3d 122 , 126 n.6 (Pa. Super. 2011) (stating that an appellate court cannot consider anything which is not part of the record in the case); see also Commonwealth v. Holley, 945 A.2d 241, 246 (Pa. Super. 2008) (stating that, for purposes of appellate review, what is not of record does not exist).
cited Cited "see, e.g." Com. v. Brown, S.
Pa. Super. Ct. · 2025 · signal: see, e.g. · confidence low
See, e.g., Commonwealth v. Johnson, 33 A.3d 122 , 126 n.6 (Pa. Super. 2011); In re M.T., 607 A.2d 271, 275 (Pa. Super. 1992).
cited Cited "see, e.g." Com. v. Ramsey, R.
Pa. Super. Ct. · 2020 · signal: see also · confidence medium
Pa.R.Crim.P. 607(A); Pa.R.A.P. 302(a); see also Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa.Super. 2011), appeal denied, 47 A.3d 845 (Pa. 2012).
discussed Cited "see, e.g." Com. v. Moye, D.
Pa. Super. Ct. · 2020 · signal: see also · confidence medium
Pa.R.A.P. 302(a) states: “[i]ssues not raised in the lower court are waived and cannot be raised for the first time on appeal.” Pa.R.A.P. 302(a); see also Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011) (“It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal.” (citation omitted)).
cited Cited "see, e.g." Com. v. Lehman, G.
Pa. Super. Ct. · 2015 · signal: see also · confidence medium
Pa.R.A.P. 302(a); see also Commonwealth v. Johnson, 33 A.3d 122, 126 (Pa. Super. 2011).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, Appellee
v.
Willie D. JOHNSON, III, Appellant
1878 WDA 2010.
Superior Court of Pennsylvania.
Nov 29, 2011.
33 A.3d 122
2011 Pa. Super. LEXIS 3758
2011 WL 5937983
Willie D. Johnson, III, appellant, pro se., John H. Daneri, Assistant District Attorney, Erie, for Commonwealth, appellee.
Bowes, Donohue, Freedberg.
Cited by 63 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #17,493 of 633,719
Citer courts: Superior Court of Pennsylvania (4)

OPINION BY

DONOHUE, J.:

Willie D. Johnson, III (“Johnson”) appeals pro se from the judgment of sentence entered following his convictions of possession of a controlled substance, possession of a controlled substance with intent to deliver (“PWID”), possession of drug paraphernalia, and conspiracy. [1] For the following reasons, we affirm.

On or about November 13, 2007, Detective Donald Dacus of the Erie Police Department met with a confidential informant (“Cl”), who informed Detective Da-cus that three black males were selling crack cocaine out of 457 East 8th Street, Apartment # 1. The Cl stated that he [2] had purchased crack from the three men in this apartment at least eight times over the preceding 48 hours, that the men told him that they had just moved to Erie, and that the Cl should tell other people that they were selling crack. Under the supervision of Detective Dacus and other members of the Erie Police, the Cl performed two controlled buys from this location, which yielded a substance that tested positive for cocaine.

Based upon the information from the Cl and the controlled buys, Detective Dacus conducted surveillance of the residence for a period of 24 hours, during which time he observed more than 20 people enter the residence and then exit within one to two minutes. Detective Dacus also spoke with the property owner of the building, who confirmed that these tenants had just moved in on November 10, 2007. The property owner showed Detective Dacus a copy of the lease, which contained the names Mahlon Ross, Earl Ross and Ron Ross, and indicated that they had told him[*124] that they were relocating from Michigan. Based upon all of this information, Detective Dacus sought a search warrant for the premises of 457 East 8th Street, Apartment # 1 and the three occupants of the apartment.

The execution of the search yielded a substantial quantity of narcotics and led to the filing of charges against Johnson and the two other men who were living in the residence. Prior to trial, Johnson filed a motion seeking to suppress the evidence seized, arguing, inter alia, that the search warrant was defective. The trial court denied the motion, and the case proceeded to trial. Following two days of testimony, the jury found Johnson guilty of the above-mentioned crimes. He was later sentenced to 84 to 168 months of incarceration, to be followed by 78 months of probation.

While an initial appeal to this Court was dismissed upon the failure to file an appellant’s brief, Johnson’s direct appeal rights were reinstated on November 10, 2010. Counsel was appointed and this appeal followed. However, following a Grazier 3 hearing, the trial court granted Johnson permission to represent himself pro se in this appeal, and his counsel withdrew. Johnson now presents the following two issues for our review:

1. Did the [t]rial [cjourt err by failing to grant [Johnson’s] motion to suppress all evidence based on a warrant that authorized the search of three John Does that was unconstitutionally overbroad under Article 1 § 8 [of the Constitution of Pennsylvania] because it failed to describe with particularity those persons to be searched and did not authorize the search of all persons present?
Did the [t]rial [c]ourt err in denying [Johnson’s] request to produce the confidential informant [] so that [Johnson] could refute material averments in the affidavit of probable cause?

Appellant’s Brief at 2.

Johnson’s first issue challenges the trial court’s denial of his motion to suppress. “The standard and scope of review for a challenge to the denial of a suppression motion is whether the factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct.” Commonwealth v. Leonard, 951 A.2d 393, 396 (Pa.Super.2008). When reviewing the rulings of a suppression court, this Court considers only the evidence of the prosecution and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole. Id. When the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error. Id.

Johnson argues only that the search warrant was constitutionally defective because it failed to describe the persons to be searched with particularity. Appellant’s Brief at 5. He is correct that both the Fourth Amendment of the United States Constitution and Article 1, Section 8 of the Constitution of Pennsylvania contain particularity requirements for valid search warrants. “The Pennsylvania Supreme Court has concluded Article 1, Section 8 of the Pennsylvania Constitution affords greater protection than the Fourth Amendment, including a more demanding particularity requirement that requires that the description must be as particular as reasonably possible.” Commonwealth [*125] v. Belenky, 777 A.2d 483, 486 (Pa.Super.2001) (citing Commonwealth v. Grossman, 521 Pa. 290, 555 A.2d 896, 899 (1989)). “The twin aims of Article 1, Section 8 are the safeguarding of privacy and the fundamental requirement that warrants shall only be issued upon probable cause.” [4] Id. It provides:

The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or thinys shall issue without describiny them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.

Pa. Const, art. I, § 8 (emphasis added). This requirement for specificity is not strictly construed, however; it has historically been tempered by the rule that “search warrants should be read in a common sense fashion and should not be invalidated by hypertechnical interpretations. This may mean, for instance, that when an exact description of a particular item is not possible, a generic description will suffice.” Commonwealth v. Rega, 593 Pa. 659, 684-85, 933 A.2d 997, 1012 (2007). Our law requires only that “[t]he place to be searched must be described precisely] enough to enable the executing officer to ascertain and identify, with reasonable effort, the place intended, and where probable cause exists to support the search of the area so designated, a warrant will not fail for lack of particularity.” Belenky, 777 A.2d at 486 (quoting In re Search Warrant B-21778, 341 Pa.Super. 350, 491 A.2d 851, 856 (1985), aff'd, 513 Pa. 429, 521 A.2d 422 (1987)); see also Rega, 593 Pa. at 685, 933 A.2d at 1012 (“A warrant is defective when its explanatory narrative does not describe as clearly as possible those items for which there is probable cause to search.”).

With regard to the issue raised by Johnson, our research has not revealed any case law addressing the particularity requirement as to the description of persons named in a warrant for purposes of a search. However, in the absence of any authority to the contrary, as law enforcement may use a search warrant to lawfully search locations or people, we see no reason why this standard should differ depending on whether the object of the search, as stated in the warrant, is a person or place. Accordingly, we hold that the standard for specificity articulated in Rega, Belenky and In re Search Warrant B-21778 applies to descriptions of persons contained in search warrants. [5] Accordingly, in situations when the name of a person is unknown, the person to be searched must be described with sufficient precision to enable the executing officer to ascertain and identify, with reasonable effort, the person intended.

In the present case, in the portion of the warrant designated for the “specific de[*126] scription of premises/persons to be searched,” it states,

457 E. 8th Street # 1 — a two unit, two story, tan aluminum sided home. The enterance [sic] for the first floor is on the north side of the home. This enterance [sic] is set back from the front of the house and is located on the northwest corner. The numbers 457 are on the residence. The target apartment is on the first floor. (3) John Doe’s [sic] described as (1) black male, approx. 6', 260 lbs, short hair, glasses, thin goatee, 20’s to 30’s in age med to dark skinned — (1) black male, approx. 6', 180 lbs., short hair, med skinned, 30’s in age — (1) black male, approx. 6', 180, goatee with beard growth.

Search Warrant, 11/15/07, at 1. The trial court concluded that these descriptions were sufficiently accurate to allow the police to identify the persons intended to be searched. Trial Court Finding of Fact and Conclusions of Law, 7/21/08, at 3. In consideration of the standard for specificity, we can find no error in the trial court’s conclusion that these descriptions were sufficiently precise to enable the executing officer to ascertain and identify, with reasonable effort, the persons to be searched in the apartment. Indeed, the descriptions were quite precise. As described, the search was limited to black men of particularized heights and weights, with described skin color differentiations, facial hair and hairstyles. Accordingly, this claim is without merit.

In his second issue on appeal, Johnson argues that the trial court erred in denying his request for the production of the Cl at the suppression hearing so that he could “refute material averments in the affidavit of probable cause.” Appellant’s Brief at 11.

We note that “decisions involving discovery in criminal cases lie within the discretion of the trial court.” Commonwealth v. Smith, 955 A.2d 391, 394 (Pa.Super.2008) (en banc). However, we need not consider whether the trial court abused its discretion because we find this issue waived. The record contains no request by Johnson for the production of the Cl at the suppression hearing. Of note, there is no discovery request of record, no order ruling on a discovery motion, nor any docket entry indicating the existence of either of these. [6] The notes of testimony from the hearing on the suppression motion reveal that at that hearing, Johnson never requested that the Cl be produced or objected to a trial court ruling denying such production. In short, there is absolutely no evidence of record that this issue was ever raised by Johnson in the court below. It is axiomatic that claims not raised in the trial court may not be raised for the first time on appeal. Commonwealth v. Rush, 959 A.2d 945, 949 (Pa.Super.2008).

Even if this claim had been properly preserved, we would find that Johnson is not entitled to relief.

Generally speaking, the production of an informant is a discovery matter and subject to the following test set forth in Commonwealth v. Bonasorte: [ ]
[*127] we hold that a defendant seeking production of a confidential informant at a suppression hearing must show that production is material to his defense, reasonable, and in the interest of justice. By this we mean that the defendant must demonstrate some good faith basis in fact to believe that a police officer-affiant willfully has included misstatements of facts in an affidavit of probable cause which misrepresents either the existence of the informant or the information conveyed by the informant; that without the informant’s information there would not have been probable cause; and that production of the informant is the only way in which the defendant can substantiate this claim.

Commonwealth v. Baker, 946 A.2d 691, 693 (Pa.Super.2008) (citing Commonwealth v. Bonasorte, 337 Pa.Super. 332, 486 A.2d 1361 (1984) (en banc)).

In his brief, Johnson wholly fails to allege, much less prove, a good faith basis in fact to believe that the affiant, Detective Dacus, willfully included misstatements of fact regarding the information provided by the Cl in the affidavit of probable cause; that there would not be probable cause to support the search warrant without the information provided by the Cl; or that the production of the Cl at the suppression hearing was the only way Johnson could substantiate him claim. In short, Johnson has failed to address any of the factors necessary to entitle him to relief on this claim. Accordingly, this claim would fail.

Judgment of sentence affirmed.

1

. 35 P.S. 780-113(a)( 16), (30), (32); 18 Pa. C.S.A. § 903.

2

. Whether the Cl is man or woman is indeterminable from the record, but for purposes of our discussion we will refer to the Cl as a man.

3

. Commonwealth v. Grazier, 552 Pa. 9, 713 A.2d 81 (1998).

4

. We note that Johnson does not challenge the determination that there was sufficient probable cause to support the issuance of the search warrant. Because he does not place this aspect of the warrant at issue, we will not address it. We limit our discussion to the question of whether the description contained in the warrant was overbroad.

5

. The circumstance we are addressing is where, as in the present case, a search warrant identifies specific persons to be searched. This is distinguishable from and in contrast to a warrant that authorizes the search of "all persons present” in a location. See Commonwealth v. Hawkins, 880 A.2d 678 (Pa.Super.2005) (discussing requirements for the authorization of "all persons present” in the execution of a search warrant). We note that the cases cited by Johnson in support of his claim involve "all persons present” warrants, and as such are distinguishable and inapplicable on that basis alone.

6

. While Johnson has appended an unsigned copy of a discovery motion to his appellate brief, this does not make the motion part of the record on appeal. "[T]his Court has regularly stated that copying material and attaching it to a brief does not make it a part of the certified record.” Commonwealth v. Holley, 945 A.2d 241, 246 (Pa.Super.2008). "It is black letter law in this jurisdiction that an appellate court cannot consider anything which is not part of the record in the case.” Commonwealth v. Martz, 926 A.2d 514, 524 (Pa.Super.2007). That is because for purposes of appellate review, what is not of record does not exist. Holley, 945 A.2d at 246.