Whether the Fourth Amendment permits the warrantless search of an apartment based on a neighbor's hearsay statement about an overheard gun reference

No question identified. : IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 295 MAL 2023 Respondent Petition for Allowance of Appeal from the Order of the Superior Court THURMOND ALLEN, Petitioner PER CURIAM AND NOW, this 4th day of October, 2023, the Petition for Allowance of Appeal is DENIED. J-A01034-23 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.0.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA THURMOND ALLEN Appellant >: No. 2144 EDA 2019 Appeal from the Judgment of Sentence Entered May 29, 2019 In the Court of Common Pleas of Delaware County Criminal Division at No(s): BEFORE: LAZARUS, J., NICHOLS, J., and McCAFFERY, J. MEMORANDUM BY LAZARUS, J.: FILED MAY 17, 2023 Thurmond Allen (“Thurmond”) appeals from the judgment of sentence, entered in the Court of Common Pleas of Delaware County, following his conviction of persons not to possess a firearm. 2 Upon review, we affirm. On January 23, 2017, at approximately 11:30 a.m., Police Officer Jonathan Jagondinski executed a search warrant at an apartment building located at 313 Creek Drive, Apartment 319, in Delaware County. The search warrant sought, inter alia, narcotics, drug paraphernalia, and firearms. Police recovered a sawed-off shotgun, a bullet, a black ski mask, two swords, a taser, 1 Thurmond purports to appeal from the order denying his post-sentence motion. However, “[i]n a criminal action, [an] appeal properly lies from the judgment of sentence made final by the denial of post-sentence motions.” Commonwealth v. Shamberger, 788 A.2d 408, 410 n.2 (Pa. Super. 2011) (en banc) (citation omitted). Instantly, Thurmond’s judgment of sentence was entered on May 29, 2019; we have corrected the caption accordingly. 2 18 Pa.C.S.A. § 6105. J-A01034-23 a PA license plate, a marijuana grinder, a glass bong, a burnt marijuana roach, and various pieces of mail addressed to both Thurmond and his girlfriend, Sabrina Allen (Sabrina).? See Trial Court Opinion, 10/24/19, at 2. The sawedoff shotgun and ski mask were located in a duffle bag in the living room of the apartment. Thurmond was arrested and charged with persons not to possess a firearm, prohibited offensive weapon, possession of a controlled substance, possession of drug paraphernalia, and three counts of conspiracy. On September 18, 2018, Thurmond filed an omnibus pretrial motion seeking suppression of the evidence recovered at Apartment 319. The trial court entered an order granting Thurmond’s motion to suppress. The Commonwealth appealed to this Court, and we reversed the trial court’s order and remanded the matter for further proceedings. See Allen, supra. 3 The search warrant arose from an incident that occurred on January 22, 2017, at approximately 9:43 p.m. in the parking lot of the apartment building. Police had responded to reports of a gun fight and, upon arrival, spoke with Anthony Allen (Anthony) and Sabrina, who informed police that Sabrina had gotten into a fight with her boyfriend, Thurmond. Sabrina called Anthony, her son, who confronted Thurmond, and a fight ensued. Ultimately, Police searched Anthony’s vehicle and recovered a substantial amount of marijuana, which resulted in Anthony's arrest. See Commonwealth v. Allen, 203 A.3d 299 (Pa. Super. 2018) (Table). Police did not recover a firearm in the vehicle. See id. Police then proceeded to Apartment 319 to speak with Thurmond about the alleged use of a firearm. Thurmond was present at the apartment, and he refused to consent to a search of his apartment, but his neighbor, Cynthia Neenan, who had reported the gun fight, told police that she had overheard someone involved say they had a gun. As a result, Police sought the instant search warrant. -2 J-A01034-23 Upon remand, on April 23, 2019, Thurmond proceeded to a jury trial. During trial, the Commonwealth withdrew the charges of prohibited offensive weapon, possession of a controlled substance, and all three conspiracy counts. At t