For the sake of analysis, we are prepared to assume that Thomas was not under coercion when she told the police they might look around, although in the confused circumstances, with Thomas surrounded by police who had just made one arrest, one might view skeptically whether Thomas's acquiescence in further search was an act of free will. See Wong Sun v. United States, 371 U.S. 471, 486 (1963); United States v. Perez-Esparza, 609 F.2d 1284, 1288-1291 (9th Cir. 1979); Commonwealth v. Collini, 264 Pa. Super. 36, 46-48 (1979). Here, a related, though slightly different, basis arises out of the sequence of events for questioning the lawfulness of the second search, i.e., the one that turned up Midi's gun. An unlawful first search had already been conducted, namely the look around the room into which Officer Carr had stepped without a warrant, before Thomas gave her permission to search the apartment.
Commonwealth v. Kendrick, supra at 573, 490 A.2d at 928-929. Compare: Commonwealth v. Kelly, supra, 487 Pa. 174, 409 A.2d 21 (plain view observation of small pill vial with drugstore label containing aluminum foil packets did not give rise to probable cause to search defendant's vehicle as nature of vial was not "immediately apparent" and police had no other indication of drug related activity); Commonwealth v. Collini, 264 Pa. Super. 36, 45-46, 398 A.2d 1044, 1048-1049 (1979) (arrest of defendant and search of his vehicle not supported by probable cause where police officer with little experience or training in the area of drug enforcement mistakenly identified a block of wood inside defendant's car as the controlled substance peyote). The federal courts have recognized generally that illegal narcotics, especially cocaine, are commonly stored and transported in kilo-sized rectangular or "brick" shaped packages, which are wrapped in plastic and sealed with tape.
No intervening event occurred that dissipated the effect of the illegality. The principles governing the admissibility of a confession given after an illegal arrest are appropriately applied to determine the validity of "consent" given after an illegal search or seizure. See, e.g., United States v. Perez-Esparza, 609 F.2d 1284, 1288-1291 (9th Cir. 1979) (suppressed); United States v. McCaleb, 552 F.2d 717, 721 (6th Cir. 1977) (suppressed); United States v. Bazinet, 462 F.2d 982, 989-990 (8th Cir.), cert. denied sub nom. Knox v. United States, 409 U.S. 1010 (1972) (remanded with instructions to trial court to consider what have since become some of the Brown factors); State v. Wrightson, 391 A.2d 227, 229 (Del. Super. Ct. 1978) (suppressed); State v. Mitchell, 360 So.2d 189, 191 (La. 1978) (suppressed) (4-3 opinion); Commonwealth v. Collini, 264 Pa. Super. 36, 46-48 (1979) (suppressed). See also 2 W. LaFave, Search and Seizure § 8.2(d) (1978 and Supp. 1981); 3 W. LaFave, § 11.4(d), at 644; W. Ringel, Searches and Seizures, Arrests and Confessions, § 9.3 (b) (6) (2d ed. 1980).
In the instant case, we hold that appellant was initially subjected to a Terry v. Ohio "stop and frisk" and was not placed in full custodial arrest until after the drugs had been seized from him. See Commonwealth v. Collini, 264 Pa. Super. 36, 398 A.2d 1044 (1979). However, according to the testimony, after satisfying himself that appellant carried no weapons, the officer returned to the pocket which contained the drugs and proceeded to remove and inspect the contents of the manilla envelopes found therein. It was the latter action on the part of the police officer, taken after the search for weapons was concluded, which underlies appellant's primary claim of error.
Appellant's arrest, based on the unlawfully found marijuana, was illegal, and his subsequent incriminating statement to the police should be suppressed as well, it being obvious on the record that the Commonwealth cannot show attenuation of the statement from the illegal conduct sufficient to purge from the former taint imparted by the latter. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1973); Commonwealth v. Collini, 264 Pa. Super. 36, 47, 398 A.2d 1044, 1049-50 (1979). The majority appear to rely on the police officer's suppression hearing testimony that on July 10 (the day the warrant was executed), there were "enough troopers to help [him] with the search warrant and the execution of it."
In order to be purged, it must either have resulted from an intervening independent act of a free will or the connection between the arrest and the evidence has become so attenuated as to dissipate the taint.Commonwealthv. Collini, 264 Pa. Super. 36, 398 A.2d 1044 (1979) (citing Wong Sun, supra). The burden of showing the purging of the taint rests on the Commonwealth. Betrand Appeal, supra, 451 Pa. at 389, 303 A.2d at 490.