J-A11041-21 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DENNIS PAUL HUDGENS : : Appellant : No. 576 WDA 2020 Appeal from the Judgment of Sentence Entered November 19, 2019 In the Court of Common Pleas of Clearfield County Criminal Division at No(s): CP-17-CR-0000032-2019 BEFORE: McLAUGHLIN, J., KING, J., and McCAFFERY, J. MEMORANDUM BY McCAFFERY, J.: FILED: DECEMBER 15, 2021 Dennis Paul Hudgens (Appellant) appeals from the judgment of sentence1 entered in the Court of Common Pleas of Clearfield County after a jury trial, at which Appellant was convicted of fifty counts of possession of child pornography and one count of criminal conspiracy.2 Because the trial court erred in denying suppression, we reverse the suppression order and vacate the judgment of sentence. We hold that the search warrant’s “all persons present” (or APP) clause was unconstitutional because the warrant 1 Appellant’s brief asserts that the present appeal is from denial of post- sentence motions and suppression. Appellant’s Brief at 2-3. We remind counsel that the appeal arises from the judgment of sentence. See Commonwealth v. Shamberger, 788 A.2d 408, 410 n.2 (Pa. Super. 2001) (en banc). 2 18 Pa.C.S. §§ 6312(d) and 903. Appellant was initially charged with dissemination of child pornography, 18 Pa.C.S. § 6312(c), but the Commonwealth withdrew that charge at the outset of trial. J-A11041-21 lacked particularized facts to justify a search of “all persons present,” and the search of Appellant and his tent was improper. The trial court provided the following summary: The investigation began when the Pennsylvania State Police believed that they had obtained child pornography from a file sharing site; this led the police to obtain a warrant for the IP address which possessed the child pornography. Verizon shared information that the IP address was linked to the address of [the Residence], Frenchville, Pennsylvania, where [Appellant] and [a] co-defendant resided.[3] Based on that information, the Pennsylvania State Police obtained a warrant to search the property for all computer hardware and software, cell phones, tablets, and storage devices. On December 20, 2018, the police [sent a team of six people to] execute[ ] a search warrant upon the property.[4] While police were on the property, they discovered [Appellant’s] tent located roughly twenty yards from the house, between the driveway and a shed. The tent had an extension cord running to it from the house, and the officers could hear a heater running inside. Officers approached the tent and asked [Appellant] to come outside and speak with them. After [Appellant] was outside the tent, Trooper Brown cleared the tent to ensure no one else was inside. He then asked [Appellant] to speak with him in his vehicle. 3 Anthony Terrizzi lived at the Residence, and Terrizzi entered a guilty plea as to over one hundred counts of charges related to the production and distribution of child pornography. See CP-17-CR-0000031-2019 and CP-17- CR-0000718-2019. Terrizzi has committed crimes of sexual violence in …
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