# Commonwealth v. Petroll

> Supreme Court of Pennsylvania · July 22, 1999 · 558 Pa. 565

URL: https://www.frixlaw.com/law-library/cases/9755568

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Frederick W. PETROLL, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 22, 1999
- **Citations:** 558 Pa. 565; 738 A.2d 993; 1999 Pa. LEXIS 2099
- **Precedential status:** Published
- **Opinion:** Dissent by Zappala
- **Judges:** Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor
- **Cited by:** 85 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9755568

## How later opinions describe it (automated extraction)

- stating that to judge whether incriminating nature of an object was immediately apparent to police officer, reviewing courts must consider totality of the circumstances
- stating once it has been determined that evidence should have been excluded, it must be determined whether the error was harmless
- finding that administrative search doctrine did not justify search of logbooks in commercial truck
- discussing requirements of Article I, § 8 of the Pennsylvania Constitution and the Fourth Amendment to the United States Constitution

## Opinion text

Justice ZAPPALA,
dissenting.
Harmless error can only be found where the appellate court is convinced beyond a reasonable doubt that “the properly admitted and uncontradicted evidence of guilt was so overwhelming and the prejudicial effect of the error was so insignificant by comparison that the error could not have contributed to the guilty verdict.” Commonwealth v. Hawkins, 549 Pa. 352 , 701 A.2d 492, 507 (1997) (emphasis added). *590 The majority misapplies this analysis. The majority concedes that “the Appellant rebutted the Commonwealth’s evidence,” slip opinion at 19, but fails to explain how its conclusion that the jury would have found the Appellant guilty even without the improperly admitted evidence is drawn from the “properly admitted and uncontradicted evidence of guilt.”
The Commonwealth made extensive use of the logbook and the contents of the bags, along with expert testimony interpreting the information contained therein. In closing, the prosecutor argued at length that the jury should infer from this evidence that the Appellant was fatigued from failing to rest for the required periods between trips. Based on my examination of the record, I cannot agree with the majority’s conclusion that the error in admitting the improperly seized bags and logbook was harmless beyond a reasonable doubt. Accordingly, I would reverse the judgment of sentence and remand for a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9755568. Public record. Not legal advice.