J-S83037-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : HERBERT EARL BROWN : : Appellant : No. 322 EDA 2017
Appeal from the Judgment of Sentence August 11, 2016 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0006607-2015
BEFORE: GANTMAN, P.J., OLSON, J., and DUBOW, J.
MEMORANDUM BY GANTMAN, P.J.: FILED MARCH 02, 2018
Appellant, Herbert Earl Brown, appeals from the judgment of sentence
entered in the Bucks County Court of Common Pleas, following his jury trial
convictions of twenty-four counts of possession of child pornography and
one count of criminal use of communication facility, and bench trial
conviction of failure to comply with registration requirements.1 We affirm
the judgment of sentence in part, vacate the court's imposition of sexually
violent predator ("SVP") status, and remand with instructions.
In its opinion, the trial court fully and correctly sets forth the relevant
facts and procedural history of this case. Therefore, we have no reason to
restate them. For purposes of disposition, we add the court ordered ____________________________________________
1 18 Pa.C.S.A. §§ 6312(d), 7512(a), and 4915.1(a)(3), respectively. J-S83037-17
Appellant to file a concise statement of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(b) on January 18, 2017, and Appellant timely
complained on January 20, 2017.
Appellant raises the following issues for our review:
WHETHER THE TRIAL COURT ERRED BY DENYING [APPELLANT'S] MOTION TO SUPPRESS THE JULY 13, 2015 SEARCH WARRANT OF THE GALAXY PHONE, WHERE THE INFORMATION FROM THE ANONYMOUS TIP CONTAINED WITHIN THE WARRANT FAILED TO ESTABLISH PROBABLE CAUSE FOR [APPELLANT'S] PHONE TO BE SEIZED AND SEARCHED; WAS BASED ON INSUFFICIENT, ANONYMOUS, UNCORROBORATED, AND/OR UNRELIABLE INFORMATION AND SOURCES TO ESTABLISH PROBABLE CAUSE; AND CONTAINED INSUFFICIENT RELIABILITY OF THE ANONYMOUS TIP TO ESTABLISH PROBABLE CAUSE ON THE FACE OF THE WARRANT[?]
WHETHER THE TRIAL COURT ERRED BY DENYING [APPELLANT'S] MOTION TO SUPPRESS THE SEARCH WARRANT OF THE GALAXY PHONE, WHERE THE WARRANT CONTAINED INCORRECT AND WRONG IDENTIFYING INFORMATION REGARDING THE GALAXY PHONE (S4 VS S3), THE WARRANT WAS DEFECTIVE AND OVER BROAD, THE WRONG PHONE WAS SEIZED AND SEARCHED, AND THE WARRANT FAILED TO IDENTIFY THE CORRECT CELL PHONE OF [APPELLANT] BY THE CORRECT SIM CARD AND STORAGE DEVICE[?]
WHETHER DETECTIVE MATTHEW MOLCHAN OF THE QUAKERTOWN BOROUGH POLICE DEPARTMENT EXCEEDED THE SCOPE OF THE JULY 15, 2015 AND AUGUST 31, 2015 WARRANTS BY ACCESSING AND EXTRACTING THE MEDIA FILES AFTER SEIZING THE PHONES, AND WITHOUT OBTAINING A NEW SEARCH WARRANT TO ACCESS OR EXTRACT THE MEDIA FILES, AS UNDER COMMONWEALTH V. STEM, 96 A.3D 407 (PA.SUPER. 2014) AND RILEY V. CALIFORNIA, [___ U.S. ___, 134 S.CT. 2473, 189 L.ED.2D 430 (2014)?]
J-S83037-17
WHETHER THE EVIDENCE WAS SUFFICIENT TO ESTABLISH THAT THE STORAGE DEVICE CONTAINING CHILD PORNOGRAPHY ON THE PHONES SEARCHED AND SEIZED PURSUANT TO THE SEARCH WARRANTS BELONGED TO AND/OR WERE USED BY [APPELLANT], CONTAINED IMAGES DOWNLOADED BY [APPELLANT], AND THE IMAGES OR PHONES WERE IN POSSESSION OF [APPELLANT?]