Suspended License Virginia Custody Retention Lawyers Newport News City
BURN V COMMONWEALTH
Defendant argued that the trial court erred in denying his motion to suppress, because the officers lacked probable cause to arrest him for possession of marijuana and thus, to perform a search incident to arrest. The appellate court disagreed. Following the denial of defendant’s motion to suppress, the Circuit Court of the City of Newport News (Virginia) convicted defendant of possession of cocaine with intent to distribute and possession of marijuana.
- Whether the suspended driving offense or any other matters appreciably lengthen the detention while still in custody for the traffic offense?
This court held that at the time the officers observed that they thought was marijuana in defendant’s vehicle, defendant was already in police custody for driving on a suspended license. One officer was still explaining the summons to defendant when the other officer saw the marijuana stem. No evidence in the record suggested that defendant executed the summons prior to the discovery of the marijuana. The appellate court further noted that defendant could be questioned about the suspended driving offense or any other matter that did not appreciably lengthen the detention while still in custody for the traffic offense. In addition, the trial court did not err in concluding that police officers had probable cause to search the vehicle after observing what they believed to be contraband on the floorboard, as one officer testified about his prior narcotics experience and specialized training in drug recognition. The judgment of the trial court was affirmed.
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Article written by A Sris
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.